Wednesday, November 14, 2007

Covenant Of Quiet Enjoyment


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Glossary of Terms

Covenant of Quiet Enjoyment - The old "quiet enjoyment" paragraph, now more commonly referred to as "warranty of possession," had nothing to do with notice in and around the leased premises. It provides a warranty by landlord that it has the legal ability to convey the possession of the premises to tenant; the landlord does not warrant that he owns the land. This is the essence of the landlord's agreement and the tenant's obligation to pay rent. This means that if the landlord breaches this warranty, it constitutes a actual or constructive eviction.














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