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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 54026
Experience:  Attorney with 29 years of experience.
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Our apts. are under major re-construction. Can I ask noise,

Customer Question

Our apts. are under major re-construction. Can I ask for compensation for the noise, inability to fully use my apt. etc.?
Submitted: 1 year ago.
Category: Legal
Expert:  Richard replied 1 year ago.

Good afternoon. Yes, you absolutely can do so. With every rental comes the implied warranty of habitability, which includes the tenant's right to the safe, healthy, peaceful and quiet enjoyment of the rented premises. Where you have a situation with constant noise and other interference which deprives you of your enjoyment of your property, you are clearly not being afforded such enjoyment of the premises....and therefore the landlord us in breach of the implied warranty of habitability. This puts the landlord in default. This gives you the right to terminate the lease and sue for damages, including the cost of moving plus include reimbursement of a portion of all prior rent to date to compensate for the reduced value of the rental property due to the reduced benefit of the your rental bargain due to the inhabitability. Furthermore, although you have the right to terminate the lease due to the breach, you are not required to do so. Rather, you can file a claim against the landlord for damages due to this breach. Damages would include reimbursement of a portion of all prior rent to date to compensate for the reduced value of rental bargain due to the problems, and to either reduce the rent going forward or pay you for temporary living expenses, at the your option, until the problem is fully remediated.

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