What is the covenant implied by law that guarantees a tenant's right to possess leased premises?

The covenant implied by law that guarantees a tenant's right to possess leased premises is known as the covenant of quiet enjoyment. This legal concept ensures that tenants can use their rented property without interference from the landlord or any other party asserting a superior claim to the property. It encompasses the right to possess the premises in peace and without disturbance, allowing tenants to enjoy their home or business space as intended.

The covenant of quiet enjoyment is an essential protection in landlord-tenant law and is included in residential and commercial leases, even if it is not explicitly stated in the lease agreement. When a landlord violates this covenant, it may include actions such as entering the property without proper notice, failing to address disruptive issues, or taking steps to unlawfully evict the tenant.

In contrast, the other terms do not represent the same legal protections. Security generally refers to financial deposits or guarantees against potential damages or unpaid rent. Curtesy is a legal term pertaining to a husband's interest in his deceased wife's property, which does not relate to tenant rights. Habendum, or "to have and to hold," refers to the portion of a lease document detailing the extent of interest being conveyed but does not specifically address tenant’s rights to peaceful possession.