Covenant of Quiet Enjoyment

    The old “quiet enjoyment” paragraph, now morecommonly referred to as “Warranty of Possession”, had nothing to do with noise in and around the leased premises. It provides a warranty by landlord that it has the legal ability to convey the possession of the premises to Tenant; the landlord does not warrant that it owns the land. This is what landlord agrees to provide as consideration for the tenant’s obligation to pay rent. If the landlord breaches this convenant, it may constitute an actual or constructive eviction.

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