NH Law About... Quiet Enjoyment

Introduction to... Quiet Enjoyment

Updated February 24, 2017.

The "Read About ..." section refers to resources about the law and will provide context and key terms.  "Read the Law ..." links to law on quiet enjoyment and should be used as a jumping off point for further research. Please remember that this guide is for information purposes only and is not comprehensive. It is intended as a starting point for research, to illustrate the various sources of the law, and to provide guidance in their use. NH Law About ...  is not a substitute for the services of an attorney.  


Read about... Quiet Enjoyment

WEBSITES

NOLO. What is the Implied Covenant of Quiet Enjoyment?

Link verified on: February 24, 2017

Some common violations of the covenant of quiet enjoyment include tolerating a nuisance, such as a major rodent infestation, or failing to fix a leaky roof which deprives tenants of the use of their rental space.   GO>

Legal Information Institute. Covenant of Quiet Enjoyment

Link verified on: February 24, 2017

A covenant of quiet enjoyment insures an owner or tenant against a disturbance of his or her right to possess or use property.   GO>

Findlaw. What to Do About a Neighbor's Noise - FAQs

Link verified on: February 24, 2017

If you have a noisy neighbor in an apartment building or other residential lease property, then the landlord has a duty to try to keep the tenant quiet. Almost every residential lease or rental agreement contains a "quiet enjoyment" clause that gives tenants the right to occupy their rented premises in peace and free from outside disturbances. This runs both ways, as tenants are expected not to impinge upon the quiet enjoyment rights of others. A landlord's duty is to enforce both sides of this agreement.   GO>


PRINT

Every landlord's legal guide / Marcia Stewart, Ralph Warner, & Janet Portman. [Berkeley, California] : Nolo, 2016.

Screening tenants : your most important decision -- Preparing leases and rental agreements -- Basic rent rules -- Security deposits -- Discrimination -- Property managers -- Getting the tenant moved in -- Cotenants, sublets, and assignments -- Landlord's duty to repair and maintain the premises -- Landlord's liability for tenant injuries from dangerous conditions -- Landlord's liability for environmental health hazards -- Landlord's liability for criminal activity -- Landlord's right of entry and tenants' privacy -- Ending a tenancy -- Returning security deposits and other move-out issues -- Problems with tenants : how to resolve disputes without a lawyer -- Late rent, terminations, and evictions -- Lawyers and legal research -- Appendix A. State landlord-tenant law charts.   GO>

Link verified on: May 23, 2017

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Read the law about... Quiet Enjoyment

NEW HAMPSHIRE STATUTES

RSA 540-A. Prohibited Practices and Security Deposits

Link verified on: May 23, 2017

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Find it in a Library ... New Hampshire Revised Statutes Annotated

Link verified on: July 21, 2017

Find the New Hampshire statutes in print at libraries throughout the state.   GO>

Find it in a Library ... New Hampshire Landlord & Tenant Law Annotated. LexisNexis.

Link verified on: May 23, 2017

This single-volume book is a compilation of New Hampshire landlord tenant law statutes. It includes references to New Hampshire Supreme Court decisions and to books about landlord and tenant law in New Hampshire. Libraries may borrow the NH Law Library's copy through Interlibrary Loan.   GO>

Learn About New Hampshire Statutes: New Hampshire statutes are the laws of the State of New Hampshire as enacted by the New Hampshire General Court. GO>
 

NEW HAMPSHIRE CASES

140 N.H. 566 (1995). Echo Consulting Services, Inc. v. North Conway Bank

Link verified on: February 24, 2017

A breach of the covenant of quiet enjoyment occurs when the landlord substantially interferes with the tenant's beneficial use or enjoyment of the premises.   GO>

151 N.H. 640 (2005). Adams v. Woodlands of Nashua

Link verified on: February 24, 2017

RSA 540–A:2 provides, “No landlord shall willfully violate a tenant's right to quiet enjoyment of his tenancy....” Pursuant to RSA 540–A:4, IX, “Any landlord ... who violates RSA 540–A:2 or any provision of RSA 540–A:3 shall be subject to the civil remedies set forth in RSA 358–A:10....” RSA 540–A:2 does not further define a tenant's right to quiet enjoyment; however, we rely upon the common law doctrine that the covenant obligates the landlord to refrain from interference with the tenant's possession during the tenancy.   GO>

Find it in a Library ... New Hampshire Reports

Link verified on: July 21, 2017

Find the New Hampshire Reports in libraries throughout the state.   GO>

Learn About New Hampshire Cases: New Hampshire case law consists of the published opinions of the New Hampshire Supreme Court. GO>
 

FOR MORE HELP ...

LawLine

Link verified on: July 28, 2017

Volunteer attorneys are available to answer legal questions through LawLine, a free service of the NH Bar Association. LawLine is held on the SECOND Wednesday of each month from 6:00 p.m. ~ 8:00 p.m. To reach LawLine, call (toll free) 800-868-1212.   GO>

New Hampshire Law Library

Link verified on: July 31, 2017

The state's only public law library. Call, email, or visit, we'll be happy to help.   GO>


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