You’ve probably dealt with your fair share of noisy neighbors, loud music at 2 am, random disturbances, and other disruptions to daily life over the years. Who hasn’t?
It’s safe to say that everyone knows what it’s like to be interrupted by some type of disturbance coming from outside of their home. However, breach of quiet enjoyment complaints can involve more than these simple disruptions.
Sometimes a complaint is founded on the landlord’s actions, like frequent inspections or restrictive lease terms. If left unresolved, it can give tenants the legal right to break the lease.
Houston tenants have what is called a right to quiet enjoyment, which promises the right to live in a property peacefully, without being disturbed by other people. In addition to peace and quiet, this covenant also gives tenants the right to a clean and habitable property, the right to bar certain individuals from accessing the premises, and access to basic needs, like hot water and heat.
A right to quiet enjoyment doesn’t need to be spelled out in the lease because courts recognize this as a basic part of a tenant’s rights. With that said, just like any other legal right, a tenant cannot waive their right to quiet enjoyment, even if they do so in writing in the lease. If that were the case, that part of the lease would be unenforceable. That should give you an idea of the importance of this covenant.
If a tenant brings a breach of quiet enjoyment complaint to your attention, it’s critical to address the issue professionally and in accordance with Texas state law.
Here’s what you need to know.
First, familiarize yourself with what qualifies as a breach of this covenant. This is easier said than done since there is no list of definite actions, and breaches can be relevant to other circumstances.
For example, tenants have a right to privacy, but you also have a right to perform inspections. An inspection every six months isn’t a breach by itself – however, it can be if you don’t give proper notice or schedule your inspections for a time when the tenant is hosting a business meeting.
You also need to be aware that courts like to side with tenants on these issues. The particular complaint won’t need to be extreme to have a judge side with your tenant, so take every complaint seriously and handle it with professionalism.
Here are some examples of common ways landlords breach a tenant’s right to quiet enjoyment:
Security cameras are a common point of contention where privacy is concerned, so before you install a camera, make sure to consult with an attorney to make sure you aren’t violating your tenant’s right to privacy. You can install a video security system in Texas, as long as it’s not for the purpose of tracking your tenants.
The following are examples of instances where a disruption to quiet enjoyment is legal.
The above are examples of instances where a landlord may breach a tenant’s quiet enjoyment for legitimate purposes to maintain the property in good shape. There are also disruptions tenants can’t blame landlords for, like noisy traffic, neighbors walking around, and people talking outside during daylight hours.
Don’t know what to do with a breach of quiet enjoyment complaint? That’s why Houston property investors choose Green Residential to manage their properties. Our team of experts will resolve any situation professionally, including breach of quiet enjoyment claims.
If your goal is to eliminate the stress of being a landlord and get more free time to yourself, contact us for a free property analysis. We’ll be in touch to discuss how you can benefit from working with a top-notch property management company.
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