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  1. #1
    Join Date
    Oct 2006
    Posts
    2

    Default Do Storage Unit Break-ins Violate Quiet Enjoyment

    This issue is in Florida.

    Here are the quick facts. A guy rents a storage unit and stores expesnive equipment inside. The renal agreement is for a one year term. There have been multiple break-ins to his unit and it appears that local theives know of the type of equipment stored inside.

    Questions -

    1. - Is this type of criminal activity a breach of the covenant of quiet enjoyment of the leasehold?

    2. - If quiet enjoyment is warranted, does the breach require any fault on the part of the landlord? Or does the criminal activity automatically breach the warranty just by happening?

    3. - Are there any other ways the guy can get out of his lease?

    Thank you for any help/responses!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Do Storage Unit Break-ins Violate Quite Enjoyment

    "Quiet enjoyment" is something usually associated only with residential properties. (And of course, you're not supposed to live in a storage unit. ) It can also apply to commercial properties, but I've not seen it applied outside of the context where there are people and business activities present at the location.

    How does he feel that the thieves learned what his storage unit contained?

  3. #3
    Join Date
    Oct 2006
    Posts
    2

    Default Re: Do Storage Unit Break-ins Violate Quite Enjoyment

    I have received more facts and I was wrong on the ones stated earlier.

    It is not a storage unit, but a business location. The guy has a lease with one year remaining and runs his business from the location. He deals in expensive equipment and has multiple break-ins and attempted break-ins. It is to the point where his employees are considering no longer working there because of fear of a robbery. The property is not as secure as most of the surronding properties, mainly it does not have any security fencing.

    The guy is concerned because of the employee issue and the increased chance that he will be dropped from his insurance if he has another theft.

    He would like to know if there is anything he can do to get the Landlord to at least install security fencing, if he has grounds to terminate the lease early, or what other remedies does he have?

    Also - the lease specifically states that the Landlord Warrants that the Tenant may peaceably and quietly hold and enjoy the property for the term of the lease as long as it shall faithfully perform its obilgations hereunder, except as otherise provided in the terms of this lease.

    Thanks and sorry for the inaccurate information of my first post.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Do Storage Unit Break-ins Violate Quite Enjoyment

    In a commercial lease, it's typical for the cost of such actions as installing security fencing to be borne by the tenant. He obviously knew there was no security fence when he negotiated the lease.

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