Imagine arriving at your office to find construction noise so loud your team can’t make calls. Or your retail space suddenly lacks heating during winter, driving away customers. These are valid concerns—and protected rights under the law.
Unfortunately, some NYC corporate and commercial tenants don’t know about their “quiet enjoyment” rights until problems happen.
The quiet enjoyment provision explained
When you rent a commercial space, you deserve to run your business without unnecessary disruptions from anyone in the building. You enjoy the rights to:
- Peace and quiet
- Exclude others from your place of business
- Clean and safe premises
- Basic services or necessities
- Unobstructed access
This protection extends beyond just landlord actions. It covers disturbances from neighboring businesses, too. It’s like having a “do not disturb” sign—but with legal backing.
Common breaches of quiet enjoyment
Knowing when your rights are violated helps you address problems quickly. Common examples of breaches of quiet enjoyment include:
- Failure to provide water, heating, or electricity
- Blocking access to your entrance
- Blocking parking to your leased premises
- Unauthorized or unlawful entry
- Noise disturbances and other nuisances
If the landlord’s loud construction work disrupts your business meetings, your quiet enjoyment rights come into play. The same goes if another tenant’s activities create strong odors affecting your space.
These violations can justify legal action if they seriously disrupt your business.
What doesn’t count as a breach of your rights
Not every minor inconvenience breaks the quiet enjoyment provision. Minor disruptions, normal maintenance and problems outside your landlord’s control usually don’t count.
But if your business faces serious disruptions, keep detailed records of what happened and when. Try to communicate your concerns in writing to the landlord or other tenant.
If talking to the other party doesn’t solve the problem, that’s when consulting a commercial real estate lawyer may help. They can help protect your business while staying civil and professional with everyone involved.