What is the right to “Quiet Enjoyment” in a commercial lease? In an article about quiet enjoyment*, it explains that quiet enjoyment is a covenant that promises that you will not do anything to interfere with a tenant’s reasonable use and enjoyment of their leased premises and that you will ensure that a tenant’s use and enjoyment of the property will not be disturbed. Commercial leases usually contain a very specific quiet enjoyment clause. In a commercial lease the quiet enjoyment clause can be modified or even waived . For that reason, quiet enjoyment in a commercial lease is determined by the specific terms of that lease. Because commercial leases are more variable in their terms and because of the larger investment made by tenants, lawsuits based on quiet enjoyment are more common than in residential leases.
*Robert Green of GLE contributed an article in GLE “What Does Quiet Enjoyment Mean for Property Managers?”