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Loren
Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 29021
Experience:  Attorney with 30 years of experience representing landlords and tenants.
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I want to get out of my 6 month lease. there is construction

Customer Question

i want to get out of my 6 month lease. there is construction due to a fire. it is right over my apt. i hear big hangs all the time. this construction will be going on for 90 days, my husband words night needs to sleep during the day
Submitted: 6 months ago.
Category: Landlord-Tenant
Expert:  Loren replied 6 months ago.
Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.What did the management office say when you told them the apartment was not habitable due to the construction noise?
Expert:  Loren replied 6 months ago.
Are you online with me?
Expert:  Loren replied 6 months ago.
Every lease carries with it the implied warranty of habitability and the right to quiet enjoyment of the premises in exchange for the rent.If construction is being done in the unit above yours and it is interfering with the use and habitability of the leased premises then you can sue for breach. In the course of the suit you may be able to leverage an early termination with the return of all deposits.A riskier way is to move out now and declare the lease terminated due to "constructive eviction". In other words, the action or inaction of the landlord has made the premises unhabitable and you are forced to move out.You still have to sue and the risk is that the court finds the premises WAS habitable and you end up being liable for breach.Make sure you have a written record of the level of noise and its effects on the leased premises, as well as the complaints to the landlord and their response to those complaints.
Expert:  Loren replied 6 months ago.
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