Implied Amenity

An “implied amenity” refers to a benefit or service that is not explicitly stated in a lease agreement, but is considered to be a part of the rental property and is implied through the nature of the property or the actions of the landlord. Examples of implied amenities include access to common areas, functioning plumbing and electricity, and reasonable quiet enjoyment of the property.Even if an implied amenity is not explicitly stated in a lease agreement, it is still considered to be a part of the rental agreement and a landlord cannot take it away from a tenant without proper cause. This is because implied amenities are considered to be “essential terms” of the lease agreement and cannot be waived or modified by the landlord without the tenant’s consent.A landlord would have to give notice of eviction if the tenant is not following the lease agreement or not paying the rent and if the landlord is evicting the tenant for not following the lease agreement he can not take away the implied amenity.It is important to note that if the landlord can prove that the tenant has damaged the property and that the tenant is responsible for the repairs, the landlord may be able to deduct the cost of repairs from the security deposit. However, this should not be considered as taking away an implied amenity.