QUESTION

What recourse do I have If my lease does not have a Convenant of Quiet Enjoyment?

Asked on May 31st, 2012 on Landlord and Tenant Law - Nevada
More details to this question:
I have a neighbor that is intoxicated (every day), noisy and has visitors that have stayed in their shed, slept in cars in the driveway and have passed out in the driveway. My other neighbor and I have verbally complained to the manager, general manager and landlord twice in just the past month. The landlord asked me "What do you want me to do about it?" and suggested that I become more agressive with the neighbor. BAD IDEA! Moving is not an option for me because I own my home and am renting the land. The police have already been called (twice by his own visitors) and that hasn''t rectified the situation. Any advise you can give would be greatly appreciated.
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1 ANSWER

R. Christopher Reade
The covenant of quiet enjoyment is implied in all residential leases in the State of Nevada.  It does not necessarily require an express clause.  The purpose of the covenant of quiet enjoyment is to secure tenants against the acts or hindrances of landlords. The covenant of quiet enjoyment generally is interpreted to secure the Tenant against the acts or hindrances of the Landlord and thus requires that the Landlord refrain from voluntarily impairing the character and value of of the property. Therefore, to prove a sufficient issue for breach of the covenant of quiet enjoyment, the tenant needs provide evidence demonstrating constructive eviction; actual eviction is not required.  The key point in these standards however is that the covenant of quiet enjoyment is a covenant between Landlord and Tenant and requires a voluntary act.  The situation that you are articulating appears not to be a breach of quiet enjoyment by the Landlord but an active nuisance by the neighbor which you could seek to enjoin.  Furthermore the property ownership interest that you indicate appears to describe a manufactured home, which often is part of a park which has rules and regulations and a tribunal through which you could seek to enforce your neighbor's violations.
Answered on Jun 01st, 2012 at 2:47 PM

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