Owner Violated Tenant's Right to 'Quietly Enjoy' Space

March 1, 2003

A retail tenant that sold “adult” products began making improvements to its space. Later, the owner blocked an entrance to the tenant's parking lot and boarded up one of the doors to the building. When the owner and tenant began arguing over whether their lease was valid, the owner barred the tenant from making any more improvements, then tried and failed to evict the tenant. The tenant sued the owner, saying its actions violated the lease.

A retail tenant that sold “adult” products began making improvements to its space. Later, the owner blocked an entrance to the tenant's parking lot and boarded up one of the doors to the building. When the owner and tenant began arguing over whether their lease was valid, the owner barred the tenant from making any more improvements, then tried and failed to evict the tenant. The tenant sued the owner, saying its actions violated the lease.

A Washington appeals court ruled that the owner had violated the lease. The court noted that the lease guarantied the tenant the right to “quietly enjoy” the space—that is, the right to enjoy the space without any interference from the owner. By blocking the parking lot and boarding up one of the doors to the building, the owner violated this right, the court said. It violated the right again by barring any tenant improvements after the tenant had started the improvement process, the court added [613 Fairview Ave., LLC v. Pong's Corp., Inc.].

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