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The Covenant for Quiet En Joyment


THE COVENANT FOR QUIET EN JOYMENT. This is a covenant or assurance against disturbances consequent from a defective title. And is a covenant usually found in short leases. When this covenant is broken by the eviction of the grantee at the instance of the holder of the paramount title, the grantee is entitled to recover, in a number of states, the value of the premises at the time of the eviction. But the overwhelming weight of authority' in other states is that the rule of damages for the breach of this covenant is the same as that for the breach of the covenant of seizin, and that is, the purchase price of the land, and not their value at the time of being de prived of them.

In case of a breach of the covenant for quiet en joyment in a lease, it was first held that the measure of damages was the amount of the rent paid. But this rule has been so far modified by the weight of authority that the tenant is permitted to show the value of the premises at the time of the breach, and can recover actual damages.