drunktaylorswift t1_jcg7jkk wrote
Reply to comment by Frndlylndlrd in My “luxury” apartment buildings trash compactor is next to our apartment, wakes me up all hours of the night, and the building refuses to do anything. What should I do? by CCIRMAJOR26
> the quiet part in that doctrine doesn’t refer to noise
wut?
fvb955cd t1_jcgcchc wrote
It is a legal term with a scope that varies by Jurisdiction and type of agreement. For rentals, another way to say it is an implied warranty of habitability. Reasonable surrounding volume is a part of it, but its a very Jurisdiction and fact specific matter, and also covers things like working plumbing and electricity, the right to exclude others from your rented space, that no one else is also renting and using that space, and basic cleanliness of space controlled by the landlord.
Where it has absolutely nothing to do with volume or noise is in real property purchases. Real property comes with a covenant of quiet enjoyment if the seller is promising that there aren't any claims against the property, no disputed ownership of it, no liens, etc. You could sell a house stuck between a rooster farm and an open air flashbang grenade testing facility and have it still meet the requirements for a covenant of quiet enjoyment
Frndlylndlrd t1_jcgaizz wrote
It can include quiet in the literal sense, but it includes many different things relating to calm/peace rather than to noise. And exactly how much literal quiet it means is not black and white.
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