Fighting For Your Rights 

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Fight Back Get Their Noise Out Of Your HOME

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This Is Your Legal Right

To

Quiet Enjoyment

Cowichan Vally Zoning Maps

Renters, Fight for Your Rights!

Cowichan Vally Noise ByLaws

Landlord-Tenant-Related-Legal-Issues

QUIET ENJOYMENT. In leases there are frequently covenants by which the lessor agrees that the lessee shall peaceably enjoy the premises leased; this is called a covenant for quiet enjoyment. This covenant goes to the possession and not to the title. 3 John. 471; 5 John. 120; 2 Dev. R. 388; 3 Dev. R. 200. A covenant for quiet enjoyment does not extend as far as a covenant of warranty. 1 Aik. 233.

2. The covenant for quiet enjoyment is broken only by an entry, or lawful expulsion from, or some actual disturbance in, the possession. 3 John. 471; 15 John. 483; 8 John. 198; 7 Wend. 281; 2 Hill, 105; 2 App. R. 251; 9 Metc. 63; 4 Whart. 86; 4 Cowen, 340. But the tortious entry of the covenantor, without title, is a breach of the covenant for quiet enjoyment. 7 John. 376.

Or

The right can be breached by nearly any major disturbance that prevents the tenant from using the property as he or she intended. Thus, failing to provide for heat, having a property that doesn't live up to the health and safety standards of the state or is otherwise uninhabitable, or a landlord's failure to take action against other tenants who make loud or excessive noise at unreasonable hours include breaches of the right to quiet enjoyment. Quiet enjoyment can also be violated if the tenant fails to provide proper security in an area of high crime.

A tenant can sue a landlord for breach of the quiet enjoyment. If a tenant is successful, the tenant is entitled to the difference between the rent and actual value of the tenant's unexpired lease term - thus, if a tenant is forced to move out because of the disturbance, the landlord is liable for the entire rent.

Or

 quiet enjoyment

  n. the right to enjoy and use premises (particularly a residence) in peace and without interference.

 Quiet enjoyment is often a condition included in a lease.

 Thus, if the landlord interferes with quiet enjoyment, he/she may be sued for breach of contract.

 Disturbance of quiet enjoyment by another can be a "nuisance" for which a lawsuit may be brought to halt the interference or obtain damages for it.

    See also: nuisance 
 
    nuisance
    n. the unreasonable, unwarranted and/or unlawful use of property, which causes inconvenience or damage to others, either to     individuals and/or to the general public.

 Nuisances can include noxious smells, noise, burning, misdirection of water onto other property, illegal gambling, unauthorized collections of rusting autos, indecent signs and pictures on businesses and a host of bothersome activities.

 Where illegal they can be abated (changed,     repaired or improved) by criminal or quasi-criminal charges.

 If a nuisance interferes with another person's quiet or peaceful or pleasant use of his/her property, it may be the basis for a lawsuit     for damages and/or an injunction ordering the person or entity causing the nuisance to desist (stop) or limit the activity (such as closing down an activity in the evening).

    See also: public nuisance

    public nuisance
    n. a nuisance which affects numerous members of the public or the public at large (how many people it takes to make a public is unknown), as distinguished from a nuisance which only does harm to a neighbor or a few private individuals.

 Example: a factory which spews out clouds of noxious fumes is a public nuisance but     playing drums at three in the morning is a private nuisance bothering only the neighbors.
   

  See also: nuisance 

<<<<<<------>>>>>>

A nuisance is

 That which annoys and disturbs one in possession

of his property

 Rendering its ordinary use or occupation physically

 uncomfortable to him; e.g. smoke, odors, noise,

or vibration...

 includes everything that endangers

 life or health

 gives offense to senses...

or obstructs

 reasonable and comfortable use of property...

 An offensive

 annoying, unpleasant, or obnoxious thing or practice;

 a cause or source of annoyance

 especially a continuing or repeated invasion

or

 disturbance of another's right

or anything

that works a hurt, inconvenience or damage

(Black's Law Dictionary, sixth edition.)

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