A covenant of quiet enjoyment is implied in Washington leases. The landlord warrants that once the tenant has taken possession it will not be disturbed by the landlord or any third person with a right of possession. Wrongful evictions by the landlord, actual or constructive, breach this implied covenant. Interference by third persons that cause a breach of this covenant may occur if the landlord’s estate terminates, for example by foreclosure. The third person must actually interfere with the tenant’s possession.
The tenant must vacate to claim constructive eviction. In residential tenancies this condition lacks much punch in most scenarios in light of the warranty of habitability.
By Travis Eller