Quiet Enjoyment and Constructive Eviction

(Maryland Code, Real Property, Section 2-115, 8-204)

Tips from the Experts on Constructive Eviction and Noise

Unless the lease provides otherwise, there is an implied warranty or covenant by the landlord that during the term of the tenancy, the tenant is entitled to "quiet enjoyment" of the premises.  The Maryland Court of Special Appeals has held that even where the disruption to tenant's quiet enjoyment is caused not by the landlord but by another tenant, the disruption may be attributable to the landlord because the landlord could take action (such as notification and, if necessary, eviction) against the offending tenant.

When the landlord fails to correct or terminate the disturbance, and the disturbance seriously interferes with the tenant's use and enjoyment of the leased premises, the tenant is justified in abandoning the premises.  Tenant who leaves under these conditions will have no further obligation to pay rent.  In the eyes of the law, the landlord has breached the covenant of quiet enjoyment and has "constructively evicted" the tenant.  Landlord may be required to compensate tenant for moving expenses, attorney's fees, and other expenses resulting from the constructive eviction.  (The Court of Special Appeals case is Bocchini v. Gorn Management Co., 69 Md. App.1 (1986).)

NOTE:  The facts in Bocchini v. Gorn, mentioned above, were that the landlord knew about the problem and failed to take action against a tenant who persisted over a period of several months in making very disturbing noises and also threatened the complaining tenant after she asked him to modify his behavior and after she asked the landlord for help.  The court stated that these facts constituted a breach of the covenant of quiet enjoyment and supported the tenant's claim that she had been constructively evicted.

We suggest that a tenant who finds that his use and enjoyment of the premises are seriously impaired by the landlord or by another tenant, should communicate the problem to the landlord in writing, give the landlord reasonable opportunity to resolve the situation, and have witnesses to the situation, if possible.

If all efforts fail, if the disturbance persists and tenant decides to move out before the end of the lease term, there is still a risk to tenant that the landlord will file suit for loss of the rent due for the remainder of the lease term.  For tenant to prevail, tenant will need to prove to the court that the disturbance was substantial enough to constitute "constructive eviction".

Last date legally reviewed: 3/14/08 (PLL/M.A.J.)

Source: Baltimore Neighborhoods (BNI) - See main Landlord Tenant section for more information on BNI.  Updated by the Maryland State Law Library (MSLL).

About this website. The Maryland State Law Library, a court-related agency of the Maryland Judiciary, sponsors this site. The website was developed (1999-2007) as part of an access to justice initiative by the Maryland Legal Assistance Network (MLAN) in collaboration with a number of legal services providers serving low and moderate income Marylanders.  In the absence of file-specific attribution or copyright, the Maryland State Law Library may hold the copyright to parts of this website. You are free to copy the information for your own use or for other non-commercial purposes with the following language “Source: Maryland's People’s Law Library – www.peoples-law.org. © Maryland State Law Library, 2007.”

Comments?  

Need help with the legal terms?

Understanding Legal Research