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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Landlord-Tenant
Satisfied Customers: 2937
Experience:  Litigation Attorney
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My daughter and husband leased their first aparment in Travere

Customer Question

My daughter and husband leased their first aparment in Travere City called Arbors of Traverse. I have not read the lease, but will. They were told prior to signing the lease there would be some construction to the complex. The construction started after move in and took away a parking spot they were allotted in that a garage and loft above is built in it's place. New units construction all around my daughter's unit. Loud music from contractors and grounds outside dirty, dusty and grass not maintained. Construction is slow and going on the 6th month as progress is slow. Feet from their bedroom window construction noise as my daughter sleeps days, works night as a nurse. Their puppy cannot be walked outside the building due to the noise frightens the dog and grass is dieing. Basketball courts are gone, volleyball, dog run gone due to the new construction. Pool area under construction. None of this was disclosed prior to lease. My daughter and husband want out of the lease completely free to look for other areas to live. If cannot, would be willing to rent a two bedroom, as currently in a one bedroom, with the existing lease (Aug, 2016 expires) in same complex but do not want to sign a new lease extended the term.
Does this sound like grounds to nullify the lease or shouldn't the complex be obligated to get them into an area of the complex they thought they were getting when signed?
What is our best approach here.
Much thanks ---- Debbie Crossman ***@******.***
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Christopher B, Esq replied 1 year ago.
What state are you located in?
Customer: replied 1 year ago.
Michigan
Expert:  Christopher B, Esq replied 1 year ago.
My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship. Basically you are saying that your landlord has breached the covenant of quiet enjoyment. The landlord of course does have a right to improve his property but this is only to a point. This is not a hard and fast rule but it normally does not take this long to complete construction to a property. It has gone so long that you would have a strong argument that this covenant has been breached. With the covenant of quiet enjoyment, the landlord promises that during the term of the tenancy no one will disturb the tenant in the tenant's use and enjoyment of the premises. Quiet enjoyment includes the right to exclude others from the premises, the right to peace and quiet, the right to clean premises, and the right to basic services such as heat and hot water and, for high-rise buildings, elevator service. In many respects the implied covenant of quiet enjoyment is similar to an Implied Warranty of habitability, which warrants that the landlord will keep the leased premises in good repair. For example, the failure to provide heat would be a breach of the implied covenant of quiet enjoyment because the lack of heat would interfere with the tenant's use of the premises and would also make the premises uninhabitable, especially in a cold climate. Tenants have at least two remedies for a landlord's breach of the covenant of quiet enjoyment: the tenant can cease to pay rent until the problem is solved, or the tenant can move out. A tenant who moves out may be liable for any rent owing under the agreement if a court decides that the landlord did not breach the covenant of quiet enjoyment. Courts read a covenant of quiet enjoyment between the Landlord and Tenant into every rental agreement, or tenancy. Thus a renter, or tenant, has the right to quiet enjoyment of the leased premises regardless of whether the rental agreement contains such a covenant. Unless you have some sort early termination language in your lease (the terms would be laid out in the lease) there is not much else you can do. The breach of the covenant of quiet enjoyment is not something that you can put set rules upon or is codified in the Michigan statutory code, so it is not something you can necessarily rely on in this circumstance. If you decide to break the lease then you would be due the landlord the remainder of the rent on the lease or until the landlord finds a new tenant to replace you (at that point your "lease" would be terminated and you would no longer owe rent). Please let me know if you have any further questions or require any additional guidance. Please do not forget to positively rate my answer (There should be smiley faces or a 1-5 ranking on my answer. I would appreciate a good or excellent rating) as this is the only way that I am compensated for my work.
Expert:  Christopher B, Esq replied 1 year ago.
I see you reviewed my answer. Do you have any further questions? If not, please do not forget to positively rate my answer.
Expert:  Christopher B, Esq replied 1 year ago.
Any chance for a positive rating? I would like you to be satisfied with my service and need to know what else I can do to earn a positive rating. The site does not compensate me for my work without your feedback.
Expert:  Christopher B, Esq replied 1 year ago.
Do you need help with the rating system? We expect to answer these questions with the expectation that our work will be compensated by the site. Without your positive rating that won't happen, so if you could take the extra step and help me out, I would appreciate it. There should be smiley faces or numbers from 1-5 next to my answer, an excellent or good rating would be fantastic.

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