[RPPTL LandTen] Quiet Enjoyment Provisions

[Manuel Farach]

IMHO, that’s a dangerous thing for a landlord to agree to. For example, what if the breach of the quiet enjoyment is a labor dispute with picketers? How can a landlord abate something like that?


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Manuel Farach / Of Counsel - Board Certified in Real Estate Law and Business Litigation by The Florida Bar

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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of lesstevens
Sent: Monday, September 24, 2012 2:15 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Quiet Enjoyment Provisions

Good Afternoon, All:

I am currently negotiating a Lease with a Bank as Tenant and they are insisting on some language, other than the standard quiet enjoyment language, which places an affirmative obligation on the Landlord to take action to abate. (The example given was a weight watchers group loudly gathering outside of the bank in the hallway, or a loud motivational speaker in the adjoining suit with the sound travelling through the walls).

Does anyone have any suggestion for language that doesn’t make the already subjective interpretation of a quiet enjoyment provision more subjective? The only suggestion so far is that if the Tenant complains, the Landlord shall advise the offending party that they have to install noise reduction additions to their space.

Thanx for any input.


Les H. Stevens, Esquire
Les H. Stevens, P.A.
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Boca Raton, Florida 33487
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E-Mail - lesstevens at earthlink.net<mailto:lesstevens at earthlink.net>

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