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52 Comments on You Have The Right To Remain Quiet!
Hi Gabrielle,
I thought this post was going to be about how some agents keep talking after it is clear they need to be quiet!
Phil
Morning Gabrielle first of all congrats on the feature. You must have a bunch of them but anyway back to the issue at hand. Knowing you I know you're not surprised that most people don't know this. Enjoy the day good post
Thanks for the informative post Gabrielle, great information for any landlord to keep in mind and distribute to the staff.
A good, respectful tenant is worth their weight in gold... and even a lower rental rate! And, a responsible landlord is a gem, as well.
Hi Gabi - Great balance - rights and obligations equals peace and happiness - applies in 'down under' too.
Brilliant content and wise Salomonic title...silence and solitude... to refresh the soul and create time to contemplate and build respect. Enjoy, great post!
Nice post on a subject we don't see here often. Great title, too!
As a landlord myself, I appreciate the reminder. Sometimes our landlord clients also forget that although "the property is theirs" they gave up some of their rights to the tenants when they rented it.
One point, and I acknowledge this may be more technical than you intended the post to be. The implied covenant of quiet enjoyment has absolutely nothing to do with "peace and quiet," "loud neighbors," etc. It's a common mistake made by first year law students (it's so tempting to assume that given the name). In fact, the covenant refers to the tenants right to enjoy possession of the property. Any interference with that possession in the form of total or partial eviction by the landlord or a third party is a violation of the covenant. For example, locking the tenant out is a violation or flooding a bedroom making it unusable by the tenant (partial eviction). "Quiet enjoyment" refers to the tenants right to enjoy their right of possession without intference or an oblgiation to defend it.
As usual, Wikipedia has something on point, though it's just a short description: http://en.wikipedia.org/wiki/Leasehold_estate
I like best that you point out Tenants should take the time to review their lease agreements, if all expectations are set correctly, there are no rude awakenings later. Great post!
Hi Gabrielle! Hope business is good with you. Great blog, great reminder to both landlord and tenant.
It's worth pointing out that if a tenant requests a repair, they should already know somebody is coming to fix it.
I have had some tenants be very unreasonable when asking for repair work. They only want the repair person to come when they are going to be home and have nothing else to do. The tenants need to under stand the owner does not have a repair person who can be there at any given time without a notice and at only a time that is convenient with the tenant. For example you cant tell the HVAC company they can only come tomorrow between $8:30 and 9:00 am or after 8 pm or something like that. The repair services have a schedule and a new service call must be worked into that schedule.
I know I have to work around the repair man's schedule when I call for repair work at my own house.
Great post. Def read anything thoroughly before signing!
Hope 2012 is your Best Year Ever!
Another great post with good common sense tips. Thanks G.
I just got a new neighbor, I'm waiting to see if I will have "quiet enjoyment" since the property is a rental and it is hit and miss as a normal course.
Excellent information, presented in a clear and concise manner.
Landlords (particularly some private landlords) need top recognize the fact that they too have responsibilities.
Gabrielle:
Good information for both landlords and tenants. Some tenants don't realize they have rights when they sign a rental or lease agreement.
The right to enjoy ones home without being bothered is a basic right and it needs to be respected.
Hi Gabrielle, great post. As a new landlord I could use the review!
LOL! I'm just sitting here after showing our beach casita which we are leasing for the very first time due to some extensive long term travel committments we have for the next couple of years. I'm not new to the landlord game having owned several rental properties of my own for several years.
But it was a tough decision in light of the fact that we haven't rented or leased it since we built it in'07. We've only enjoyed it. But I'm only leasing it out for 12 to 18 months and plan to reunite with it whence we return from our travels. Thanks for a very timely and conducive post.