Friday, February 19, 2021
In our last installment of the Lease Dispute Series, we talked about tenant payment of real estate taxes. Today, we’ll talk about the covenant of quiet enjoyment.
North Carolina law implies a number of covenants in leases, one of which is the covenant of quiet enjoyment. While such covenants may be express, in North Carolina, absent a provision to the contrary, there is an implied covenant that the lessee shall have quiet and peaceable possession of the leased premises during the lease term, including those easements and appurtenances necessary and essential to the enjoyment of the leased premises. WEBSTER’S REAL ESTATE LAW IN NORTH CAROLINA, §12.11 (2021). In other words, there are three options with regard to the lease treatment of the covenant of quiet enjoyment: (i) an implied covenant, wherein the lease is silent as to any such covenant, (ii) an express covenant, which can condition, limit, or otherwise outline the extent of t