California Civil Code Section 1927 - Interpretation

Civil Code section 1927 provides: "An agreement to let upon hire binds the letter to secure to the hirer the quiet possession of the thing hired during the term of the hiring, against all persons lawfully claiming the same Generally, "in every lease the landlord impliedly covenants that the tenant shall have quiet enjoyment and possession of the premises. In California this covenant is partially expressed in Civil Code section 1927, which guarantees the tenant against rightful assertion of a paramount title. Beyond the statutory covenant, the landlord is bound to refrain from action which interrupts the tenant's beneficial enjoyment." (Guntert v. City of Stockton (1976) 55 Cal.App.3d 131, 138.) Thus, the covenant "insulates the tenant against any act or omission on the part of the landlord, or anyone claiming under him, which interferes with a tenant's right to use and enjoy the premises for the purposes contemplated by the tenancy. " (Petroleum Collections Inc. v. Swords (1975) 48 Cal.App.3d 841, 846.) When the landlord breaches the covenant, the tenant ordinarily has a choice of remedies: the tenant may surrender possession of the premises, halt the payment of rent, and seek damages, or alternatively, remain in possession, continue paying rent, and seek injunctive or other appropriate relief. (Id. at pp. 846-847.)