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Infolawyer
Infolawyer, Attorney
Category: Landlord-Tenant
Satisfied Customers: 53850
Experience:  Experience representing landlords and tenants.
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I am writing on behalf of my 98 year old grandmother, who

Customer Question

I am writing on behalf of my 98 year old grandmother, who has been living in apartment unit in San Francisco for 35 years. Currently, there is renovation construction going on and is causing a lot of noise to the extent that is affecting her health condition.
The renovation construction on the 9th floor and half of 8th floor, however her unit is on the half of the floor that is not under construction.
I have spoken with and emailed, the staff members of the front desk, office manager and the moving coordinator prior to construction regarding my grandmothers health concerns as she is 98 years old, has health issues (heart palpitations anxiety, cannot move well (walking cane and wheelchair) etc.
I have requested to have my grandmother to temporarily move her to another unit before the start of construction as I am concerned that the noise with greatly affect her health condition, and to notify me or my uncle (both on the emergency contact list) prior to construction so that we can adjust our schedule accordingly to help my grandmother with the move.
They have said they would temporarily move her to another unit, but unable to before the start of construction. They also informed me that they have staff to help my grandmother with her move ,which is helpful but not necessary as my grandmother would rather have family members help instead of strangers in her unit.
My fear was that they would start construction while my grandmother was still in her unit, and this is exactly what happened. I came to her apartment she was half lying and half sitting on her bed and the noise of the construction above her apartment was so loud we could hardly hear ourselves talking. She had to take more medicine, she was experiencing headache, she expressed that she was having heart issues as she placed her hands on her chest. I immediately went to the office and to the front desk security staff they both wrote down my concerns, as this is usually what they do and rarely do I get any results other than they are trying to do help my grandmother.
At this point, I would like to know what right does my 98 year old grandmother has, I am wondering how would the staff members feel if this was their grandmother.
Submitted: 3 months ago.
Category: Landlord-Tenant
Expert:  Infolawyer replied 3 months ago.

Hello

Expert:  Infolawyer replied 3 months ago.

I am sorry to hear she is experiencing this horrible living situation. Legally, she has rights including implied and express right/warranty to live in quiet. This is called the warranty of quiet enjoyment. Having her moved temporarily is an elegant option which management should provide, otherwise she could take them to court to enjoin/stop the work and be awarded damages and legal fees.

Expert:  Infolawyer replied 3 months ago.

Kindly rate me 5 stars.

Have a good week.

If I can clarify anything, ask me as well.

Expert:  Infolawyer replied 3 months ago.

awaiting your reply.

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