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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 111484
Experience:  Attorney with over 24 years experience.
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Six (6) weeks ago I moved into a 65 unit apartment complex

Customer Question

Six (6) weeks ago I moved into a 65 unit apartment complex in the San Carlos area of San Diego California. The first week-end after moving in there was a swimming pool childrens birthday party that lasted all Saturday and into the evening about 8:30 PM with about 45 people (children and adults) and about 25 feet from my apartment. AND for the last 3 weeks they have been jack hammering the sidewalks everywhere and pouring new cement. AND They began power washing the buildings without telling any tenants and the tenants had left their windows open. They in fact had put out a notice saying that the buildings were going to be painted and the pool closed. AND Now they have emptied the pool and are jack hammering it and pulling up all the cement in an effort to 'update" systems and the entire pool. AND I just learned from the maintanace man that they will be resurfacing the parking lot (open parking) so everyone will have to park on the city streets some distance away . While the management put out a notice saying that the buildings were going to be painted and the pool closed nothing was said about the details of the work and the terrible noise and disruption that was going to happen. The noise is deafining and the cement dust in the air is making it difficult to breath. What are my rights after just moving in 6 weeks ago? Thank you.
Submitted: 6 months ago.
Category: Landlord-Tenant
Expert:  Law Educator, Esq. replied 6 months ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Since they are interfering with your peaceable use and enjoyment of the premises, which the lease guarantees you by law and also interfering with your warranty of habitability, since the conditions you describe can make your premises not habitable, you can seek to give your landlord/management company a written notice that the construction, power washing without notice, constant construction noise and parking lot issues are all things that were known in advance and were not disclosed to you 6 weeks ago when you agreed to the lease and as such they breach your warranty of habitability and interfere with your peaceable use and enjoyment of the premises and you need to inform them this is a breach of your lease.

If they refuse to at least put you up somewhere else until the construction is done, you have grounds to seek to terminate the lease for their breach and sue them for damages including your return of your security deposit and cost of moving.

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