Quiet enjoyment protects your right to use the space undisturbed, and violations while paying full CAM means you are subsidizing services you cannot access.
A quiet enjoyment clause guarantees the tenant's right to use and occupy the leased premises without interference from the landlord or parties claiming through the landlord. This is a fundamental covenant in commercial leases that protects the tenant's possession and use of the space as long as the tenant is not in default.
While quiet enjoyment is not directly a CAM clause, it intersects with CAM auditing when landlord actions (or inaction) in common areas substantially interfere with the tenant's business. Construction projects, inadequate maintenance, or restricted access to common areas can violate quiet enjoyment while the tenant continues paying full CAM charges for services not being properly provided.
“Landlord covenants that Tenant, upon paying the Rent and performing all Tenant's obligations under this Lease, shall peaceably and quietly enjoy the Premises during the Lease Term without hindrance or interference from Landlord or any person claiming by, through, or under Landlord. This covenant shall include the right to reasonable access to and use of all Common Areas, parking facilities, and building amenities identified in this Lease. Any material disruption to Tenant's use of the Premises or Common Areas lasting more than five (5) consecutive business days shall entitle Tenant to an abatement of Rent and Operating Expenses proportional to the disruption.”
This is illustrative language only. Your actual lease language controls your rights.
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10-15%
An estimated 10-15% of commercial tenants report significant quiet enjoyment disruptions during their lease term [industry estimate]
Source: Commercial Tenant Satisfaction Surveys (2024)
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Go to lextract.ioThis page provides general educational information. It is not legal advice and may not reflect the most current law in your state. Consult a licensed attorney for advice specific to your situation.
