Yucca Valley, Ca.,- Do you want your neighbor selling guns as permitted by the Town of Yucca Valley? If you own an apartment unit, should your tenants be conducting gun sales at your building, as allowed by the Town of Yucca Valley?
The Planning Commission will meet this evening, March 11, 2014, at 6pm at the Yucca Valley Community Center to give directions to Staff regarding Home Occupation Permits. The will meet at 6pm this evening agenda item #3. Here is the agenda>LINK
The issue is NOT about the right to bear arms, as Chair Tim Humphreville advocate with smoking mirrors because he owns many guns stored at his isolated residence, as is his right to do so. He will also state it is no different than anyone selling Avon or Tupperware. I don’t remember Humphreville shooting duck, geese or kit foxes with a tube of lipstick or a plastic salad bowl. Hunting is NOT the issue either. Will Humphreville use this misguided banner in his campaign for Town Council this November without regard for the rights of private property owners?
The broader issue of personal rights and home ownership is the right to live with an expectation of “Quiet Enjoyment.” There is legal precedence as explained below and future lawsuits against the Town of Yucca Valley would be based on “Quiet Enjoyment.”
A Covenant that promises that the grantee or tenant of an estate in real property will be able to possess the premises in peace, without disturbance by hostile claimants.
Quiet enjoyment is a right to the undisturbed use and enjoyment of real property by a tenant or landowner. The right to quiet enjoyment is contained in covenants concerning real estate. Generally a covenant is an agreement between two parties to do or refrain from doing something.
Courts read a covenant of quiet enjoyment between the Landlord and Tenant into every rental agreement, or tenancy. Thus a renter, or tenant, has the right to quiet enjoyment of the leased premises regardless of whether the rental agreement contains such a covenant.
In the covenant of quiet enjoyment, the landlord promises that during the term of the tenancy no one will disturb the tenant in the tenant’s use and enjoyment of the premises. Quiet enjoyment includes the right to exclude others from the premises, the right to peace and quiet, the right to clean premises, and the right to basic services such as heat and hot water and, for high-rise buildings, elevator service. In many respects the implied covenant of quiet enjoyment is similar to an Implied Warranty of habitability, which warrants that the landlord will keep the leased premises in good repair. For example, the failure to provide heat would be a breach of the implied covenant of quiet enjoyment because the lack of heat would interfere with the tenant’s use of the premises and would also make the premises uninhabitable, especially in a cold climate.
Other rights related to quiet enjoyment may be tailored to specific situations. For example, at least one court has found that the ringing of smoke alarms for more than a day is an interference with a tenant’s quiet enjoyment of leased premises (Manzaro v. McCann, 401 Mass. 880, 519 N.E.2d 1337 ).
Tenants have at least two remedies for a landlord’s breach of the covenant of quiet enjoyment: the tenant can cease to pay rent until the problem is solved, or the tenant can move out. A tenant who moves out may be liable for any rent owing under the agreement if a court decides that the landlord did not breach the covenant of quiet enjoyment.
A covenant of quiet enjoyment may be included in an exchange, or conveyance, of land ownership at the option of the parties to the deed. Quiet enjoyment has a slightly different scope in the context of land ownership than it has in the context of a tenancy. When a seller gives a deed to the land to another party, the seller no longer has control over the property. The covenant of quiet enjoyment, when contained in a deed to real estate, warrants that the title to the land is clear, meaning that it has in the context of a tenancy. When a seller gives a deed to the land to another party, the seller no longer has control over the property. The covenant of quiet enjoyment, when contained in a deed to real estate, warrants that the title to the land is clear, meaning that it has no encumbrances, or claims against it by other persons.
A warranty deed includes a covenant of quiet enjoyment. By contrast, a quitclaim deed makes no warranties regarding the title and contains no covenant of quiet enjoyment. Source>LINK
Kroll, David G. 1992. “The Landlord/Tenant Warranty of Habitability and the Covenant of Quiet Enjoyment.” Colorado Lawyer 21 (June).
“Real Property.” 1994. SMH Bar Review.
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