What's up guyzz getting bored or enjoying !

Well .. one incident on ENJOYMENT HAPPENED to me ... sO i am telling you :) its quite intresting :) ... I doubt that most people reading this know what is really meant by the "covenant of quiet enjoyment." Understandably so. Because quiet enjoyment is a common law concept, case law is the sole source of its definition. The definitions constructed in real property treatises come from case law. Even in civil code jurisdictions, where an implied covenant of quiet enjoyment in leases is imposed by statute, the definition of quiet enjoyment is found only in case law. The Restatement (Second) of Property tells where the law is going, not where it is. Dealing with quiet enjoyment would be a lot easier if the concept was implicated and analyzed in only a small number of well reasoned opinions which were consistent both over time and from state to state. Alas, would that were the case. Anyone who has ever searched cases for a point and come up dry should remember the ancient Chinese proverb, "be careful what you wish for, you may get it." Thousands of reported cases deal with the covenant of quiet enjoyment. Defining the problem is not the sole challenge. The law varies greatly from state to state. Common law did not distinguish between residential and commercial leases, but modern law does. The law of quiet enjoyment is changing quickly in some jurisdictions, but not in others. The covenant of quiet enjoyment now means something different in deeds than it means in leases, (although some judges are having problems with the differences). Cases involving quiet enjoyment as an implied covenant vastly outnumber those dealing with it as an express covenant, but one can reasonably surmise that in most situations, the lease in suit did contain a quiet enjoyment provision. Most cases slur distinctions between concepts of constructive eviction and those of quiet enjoyment, probably because almost all tenant's attorneys choose to plead both of them as defenses and as causes of action. Speaking of defenses, most claims of breach of the covenant of quiet enjoyment arise as a tenant's defense against a rent action. In those cases, it frequently isn't hard to discern that a scream of "breach of quiet enjoyment" is a screen for a more fundamental breakdown of the landlord-tenant relationship. Lastly, breach of the covenant of quiet enjoyment is a catchall claim when neither the tenant nor the court can find an express lease term that has been violated. With this as background, we'll now try to cut a path through the thicket and create a guide to understanding just what is meant by the "covenant of quiet enjoyment" and where that concept is going. It won't be easy. Some states haven't moved out of the nineteenth century and others are already in the twenty-first. Not all states now holding a "modern" view got there gradually. Some courts just got tired of the "old" law and took a leap forward. Therefore, it is critical to know where the law is going, because, in drafting leases and in resolving simmering disputes, yesterday's ruling may not be today's "law of the case."