Landlord's Implied Covenants

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Covenants are either express or implied. Express covenants are clearly agreed between the parties. Implied covenants are implied by law by default.

An express covenant can often overwrite an implied covenant because contracting parties have the freedom to contract whatever the wish, but there are some covenants implied by statute that cannot be overwritten.

Covenant for Quiet Enjoyment

Every state but New Jersey has an implied Covenant of Quiet Enjoyment. New Jersey says the Covenant of Quiet Enjoyment must be express.

"The tenant is protected from being ousted unless they break lease provisions. Tenant has a right to rest in the security of their private possession, without interruption from the landlord or anyone claiming to act through or under the landlord. This includes any successor in the title of landlord."

"Even so, this covenant does not protect from an unlawful interference by a stranger. It is the tenant's responsibility to defend himself against trespassers."

Eviction Procedures: If a tenant substantially breaches the lease terms, landlords must provide notice and an opportunity for the tenant to remedy any breaches before evicting. Minor or technical breaches may not be sufficient grounds for eviction.

Delivery of Possession of Premises

• English Rule → In jurisdictions following the English rule, a lessor must make premises available legally and actually on the first day of the lease (Majority rule). The landlord is liable for a holdover tenant and must evict them.



• American Rule → In jurisdictions following the American rule, the landlord is NOT liable for the holdover tenant (Minority rule). The landlord delivers legal possession, but is not liable for the holdover tenant.

“Legal right of Possession” is necessary in both rules. This means that the landlord cannot double lease the premises.

Maryland exception → Distinguishes residential from commercial leases. Some jurisdictions use separate rules depending on if the property is going to be used for residential or commercial purposes.

Warranty for Fitness

Without an express covenant, there is no duty that the premises should be fit for any particular purpose with the following three exceptions:


1. Under common law, the premises must be fit for human habitation at the beginning of the tenancy


2. Under modern law, the premises must be fit for human habitation during the duration of the tenancy


3. The landlord is required to maintain the premises

Under modern law, the lease covenant and implied habitability covenant are interdependent. Interdependence means that tenants may have grounds to withhold rent or seek damages if landlords do not uphold their end of maintaining habitable conditions. Essentially, a material breach of the covenant terminates the lease.

In some cases, a tenant can be entitled to remedies such as rent abatement—where tenants can reduce their rent proportionate to the diminished value of their use due to a landlord's failure to maintain a property.

Otherwise tenants can seek standard damages for a landlord's failure to maintain suitable living conditions.

Warranty for Fitness: Constructive Eviction

The conditions are so bad, that the land is unsuitable for purposes.

"Might as well be a conviction."

1. Bad conditions


2. Chargeable to the land lord


3. Permanent or recurrent


4. Tenant vacates within reasonable time


5. Notice & reasonable opportunity to cure the defect

Implied Warranty of Suitability (minority)

Necessary when not addressed in the lease. Only applies to commercial leases—ensures that the property is functional for tenant's purposes. Duty to pay rent relies on Landlord up-keeping premise suitability. Antiques Elevator/lift case.