Thursday, October 24, 2019

What is a Covenant?

A covenant is a written promise between a landlord and a tenant, where each promises to do, or not do, certain things.

Common covenants

common covenants

There are various types of covenants, all of which can be contained within a lease contract. Here are a couple of covenants that might be covered by your rental agreement:

  • Covenant of possession: A tenant has possession of the property. The landlord can't enter the property without permission from the tenant unless they're fulfilling specific obligations, such as maintenance or in the case of an emergency.
  • Covenant of quiet enjoyment: A tenant can enjoy the use of the property without being unreasonably bothered by the landlord or anyone affiliated with the landlord.
  • Covenant of habitability: A landlord must maintain the property so that it's in a livable condition for the tenant
  • Covenant to pay rent: A tenant promises to pay rent or they may be subject to late fees or eviction.

Such covenants are put in place to protect both the tenant and the landlord by setting boundaries and making each party aware of what they can do and what they're entitled to.

Conditions

Some covenants can be conditional. For example, a tenant may be under covenant to pay rent, but that stands only as long as the landlord maintains a habitable property. Such conditions may vary by state, so make sure you know about lease and covenant laws where you live.

Additional resources

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