Do you own a rental property in Durham but are struggling to retain tenants? You’ve come to the right place!

Many investors ignore that the secret to a smooth, stress-free rental experience is keeping tenants happy. Believe it or not, this is not as complicated as it sounds. Tenants want simple things: a clean and well-maintained property, to feel heard, and freedom in their rented living space. By regularly maintaining the property, listening to and addressing tenants’ concerns, and respecting their privacy, your tenants will be happier and, thus, more likely to renew their lease.

Unfortunately, many landlords ignore the importance of respecting tenants’ privacy. In fact, few investors understand the “implied covenant of quiet enjoyment” and the role it plays in landlord-tenant relationships. If you’re in the same boat, worry not! The experts at Mark Thomas Properties PM will tell you everything you should know about this implied covenant, including how it can help you retain tenants for longer. Ready? Let’s dive in!

Understanding the Implied Covenant of Quiet Enjoyment
Everyone appreciates having a quiet and safe space to relax at home. The implied covenant of quiet enjoyment protects tenants’ right to peacefully live in their rental unit without being disturbed. In basic terms, this means:
• The landlord can't just barge in without ample notice.
• There shouldn’t be constant noise disruptions in the environment.
• Other tenants shouldn’t make it impossible to live there peacefully.
• The property must be in livable condition.

In other words, the implied covenant of quiet enjoyment is basically the renter’s right to enjoy their home without constant problems or disruptions. Even if it’s not explicitly written in the lease, it’s still automatically part of the rental agreement. And you, as the landlord, are responsible for respecting and protecting tenants’ right to live in a peaceful environment.

Violations of the Implied Covenant of Quiet Enjoyment
Understanding the implied covenant of quiet enjoyment is easier if you know what constitutes a violation. Even the most well-intentioned landlord can unintentionally breach this covenant by doing things such as entering the property without notice, neglecting major repairs, or not addressing noise complaints promptly. To avoid problems, here are some actions you should abstain from entirely:
• Entering the property without notice. Tenant see your rental unit as their home. Entering the property without notice, whether for inspection, repairs, or showings, cannot only annoy your tenants but also be a major privacy breach. So, abstain from entering the property unannounced unless it’s strictly necessary, like in case of an emergency.
• Neglecting Repairs. Landlords are legally responsible for maintaining the rental unit in a safe and habitable condition. This includes making any necessary repairs promptly. Neglecting necessary repairs can result in bigger, more costly problems later on and can negatively affect tenants’ day-to-day lives.
• Ignoring Noise Complaints. There’s nothing more annoying than trying to relax at home and being interrupted by loud noises. Whether it’s construction work, parties, constant yelling, or incredibly loud music, noise disturbances deeply affect tenants’ ability to concentrate or quietly dwell in their rental units. That’s why you should aim to deal with noise complaints promptly.
• Lack of Basic Services. As a landlord, you’re legally required to provide a livable environment for tenants. This includes ensuring the property has all the basic services, such as running water, heating, and electricity. Prolonged failures or constant disruptions in these services can negatively affect tenants’ lives by not allowing them to dwell in their rental units.
• Harassment of Retaliation. As a landlord, you should never engage in acts of harassment or retaliation against tenants. This is not only a breach of the covenant of quiet enjoyment, but is also a major breach against tenants’ rights.
• Ignoring Security Concerns. As a landlord, you are expected to provide a safe living environment for tenants. If tenants feel unsafe in your home, they’re more likely to leave or sue you for not complying with your duties as a landlord.

Tips for Complying with the Implied Covenant of Quiet Enjoyment
Respecting the implied covenant of quiet enjoyment is key to fostering a positive landlord-tenant relationship. If tenants feel comfortable and at peace in the rental unit, they’re more likely to renew their lease and stay for the long haul. Here are some tips to help you comply with this covenant and keep renters happy:
• Give Proper Notice Before Entering the Unit. Always provide advance written notice before entering a tenant’s unit, unless it’s an emergency.
• Limit Non-Emergency Visits. Don’t show up too frequently. Excessive visits, even with proper notice, can feel intrusive to tenants.
• Respect Tenants’ Privacy. Never enter the rental without permission unless there’s a valid emergency. Always knock and wait for a response. Never open tenants’ mail or look through their belongings.
• Maintain the Property Regularly. Set up a routine maintenance schedule and stick to it. Fix leaks, broken windows, pest issues, and any other needed repairs quickly.
• Keep Common Areas Safe and Quiet. Ensure shared spaces like hallways, yards, or laundry rooms are clean, safe, and quiet.
• Address Neighbor or Tenant Conflicts. Ignoring complaints can violate the covenant and lead to early lease termination. So, make sure to step in if a tenant ever complains about noise or harassment from neighbors or other tenants.
• Avoid Unnecessary Construction or Noise. Ongoing, loud work during early mornings or late evenings can be disruptive. If you have construction plans underway, make sure to schedule all repairs and upgrades at reasonable hours and give tenants ample notice.
• Communicate Clearly and Respectfully. Maintain open lines of communication. Being respectful builds trust and reduces conflicts.
• Follow Local Laws and Lease Terms. Understanding and honoring landlord-tenant laws in your area is essential to avoid unintentionally violating this covenant and respecting tenants’ rights.

Bottom Line
The implied covenant of quiet enjoyment is a legal precedent that gives tenants the right to live in their rental home peacefully, without unnecessary interference or disruption. Understanding and respecting this covenant is crucial for landlords. It helps avoid legal trouble, builds trust with tenants, and ensures a positive rental experience for everyone. By honoring this right, landlords not only follow the law but also create a more respectful and cooperative landlord-tenant relationship, which leads to happier tenants and fewer disputes.

If you want to learn more about the implied covenant of quiet enjoyment in North Carolina, contact Mark Thomas Properties PM!