How to Manage Breach of Quiet Enjoyment Complaints from Houston Tenants

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.

What is a right to quiet enjoyment?

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.

Know what breaches the right to quiet enjoyment

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:

• No basic services. Utilities like hot water, heat, and electricity are essential to maintain. In their absence, a tenant can claim a breach of quiet enjoyment. Sometimes services are shut off unintentionally or by an oversight, but the result is the same in the eyes of the law. If you pay for a tenant’s utilities, make sure you pay on time. If the heating system goes out, fix it immediately. When you must shut off utilities to make a repair, give your tenants as much advance notice as possible. Prolonged shut-offs, even when it’s out of your control, can still get you in trouble.
• Unreasonable restrictions on guests. Your tenants have the right to enjoy the property as they wish, provided they aren’t violating the lease. You can’t impose restrictions that prevent tenants from having guests or hosting small get-togethers occasionally. If you impose unreasonable restrictions on your tenants regarding guests or other things, it can be considered a breach of quiet enjoyment.
• Privacy violations. Tenants have the right to privacy and landlords can’t enter the home without permission – other than for emergency purposes after failing to reach the tenant. Sometimes, landlords pay surprise visits to tenants and show up without notice, expecting to be let into the home when there is no emergency. This would be considered a breach of quiet enjoyment. Additionally, privacy is extended to other areas, and landlords can’t intercept or tamper with a tenant’s mail or place them under surveillance.

  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.

• Harassment. Harassment is defined as a series of intrusive and unwanted actions that are likely to cause a person to react with fear, stress, or embarrassment. This can encompass a wide range of actions, including contacting a tenant to yell at them repeatedly or making threats. If you’re a good landlord, you don’t need to worry about this, but you would be surprised how little it can take to trigger a tenant on edge to accuse you of harassment. This is the number one reason to avoid developing a casual relationship with tenants. Keep your distance and maintain the relationship as strictly business.
• Unreasonably long renovations. Some renovations should only be done when a property is vacant. Forcing a tenant to deal with remodels or maintenance for an unreasonable length of time is a breach of quiet enjoyment.
• Frequent, unnecessary inspections. Landlords sometimes become a nuisance for tenants with frequent and unnecessary inspections. Some even use inspections as a way to spy on or irritate their tenants in retaliation after an argument. Limit your inspections to what’s necessary to avoid tenants accusing you of this particular breach.

Are any disruptions acceptable? Yes

The following are examples of instances where a disruption to quiet enjoyment is legal.

• Scheduled maintenance with advance notice to the tenant
• Emergency repairs that cannot wait
• Routine inspections as stated in the lease or inspections with adequate notice to the tenant

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.

You’re covered with Green Residential as your property management company

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.