Intro to Right to Quiet Enjoyment
When you rent a place to live, like an apartment or house, you get a special right called the "right to quiet enjoyment." Think of this right as your pass to a calm place where you can chill, study, or have some quiet time without constantly being interrupted. It's like having a guarantee of privacy and calmness in your own space.
- The right to quiet enjoyment isn't new; it's been around for a long time. It's based on laws that have been around for ages, ensuring that people who rent homes can live without many disturbances.
- But here's the thing: having the right to quiet enjoyment doesn’t mean it has to be dead silent all the time. Living in a community means sometimes you'll hear regular noises from your neighbors or the area around you, and that's fine. But if those noises become too loud, happen all the time, or break the specific rules about noise set by your landlord or in your rental agreement, then your right to quiet enjoyment becomes essential.
If your landlord or another tenant is disrupting your peace, you can send a demand letter to your landlord. The letter should state that their actions violate your lease agreement and request that they correct the issue within a specified time frame, such as 14 days, or you will take a specific action. If the problem still needs to be addressed after 14 days, you can take action specified in your demand letter, such as terminating the lease. However, it is essential to note that ending a lease is a serious step that could result in consequences.
If the Cook County Residential Tenant Ordinance and Landlord protects you, the landlord should enforce Section 42-807(A)(7). Under this provision, a tenant must conduct themselves in a manner that will not disturb their neighbors' peaceful enjoyment of the premises.
To explore the right to quiet enjoyment in specific circumstances, see below:
- Secondhand smoke
- Noisy neighbors
- Safety concerns because of neighbors, their guests, or individuals who aren’t tenants
- Construction
- Landlord’s restrictions on guests
- Landlord entering without notice
- New tenant moves into my home
The above article provides information about legal issues but is not the same as legal advice. Legal advice is when a lawyer applies the law to your specific situation. The information in this article does not replace the advice or representation of a licensed attorney. Law Center for Better Housing cannot guarantee the accuracy or completeness of the information in this article and is not responsible for any consequences that may result from using it. You should consult with a licensed attorney to ensure the information in this article is appropriate for your specific situation. Using the information in this article does not create a relationship between Law Center for Better Housing and you as your attorney.