Rochester, MN asked in Landlord - Tenant for Minnesota

Q: Is it a breach of quiet enjoyment if commercial landlord puts up polarizing political signs on property?

commercial landlord put up political signs for very unappealing candidates last election, possibly alienating customers of tenants who may not know it was not the tenants who put up the signs.

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1 Lawyer Answer
Robert Kane
Robert Kane
  • Eagan, MN
  • Licensed in Minnesota

A: You pose an interesting question. Interference with use and enjoyment of a commercial property differs from a residential property. As an initial note, the covenant of quiet enjoyment is based on possession and not nuisances (no matter how bad.) It is, in effect, an eviction. In a residential leases, the courts have recognized (implied) circumstances that violate this covenant much more so than in the commercial setting. Commercial leases are judged on the specific language. In a strict interpretation, a commercial tenant may have to vacate (constructive eviction) before seeking damages. Since this is unlikely a viable option, another approach may be warranted. An attorney with knowledge of the entire situation can advise you how to proceed.

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