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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33788
Experience:  15 years real estate, Realtor. Landlord 26 years
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I recently moved into a newly constructed apartment complex.

Customer Question

I recently moved into a newly constructed apartment complex. When I initially met with the Apartment Manager, I had concerns about hearing noise from the unit above me. I was assured that there is a cement floor in between the first and second floor and there would be no noise. From the time I moved in, I here the children crying, running, and adults walking around the apartment. The owners probed the walls and said everything is compliant. Also, there is a vent installed in both bathrooms for the purpose of controlling the humidity levels because this is a newly constructed building. The vents run constantly, therefore, I am billed for the cost of the electricity. The fact that it is a new structure and the vents are automatically censored to reduce the risk of mold should be the responsibility of the landlord and not the tenant. Do I have any legal rights for either of these conditions?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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If the noise from other tenants is at an unreasonable level, then you could file suit against the landlord for breach of your rights to "quiet use and enjoyment" under a breach of contract claim if they wouldn't agree to release you from the lease. Since you expressly mentioned the noise issue, and were assured that there weren't problems, then you could also claim "detrimental reliance" in that they represented that the noise levels were nonexistent, you relied on their statements in entering the contract, and have suffered the detriment of having to endure a noisy environment.

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As for the fan, if it is not defective, then a tenant takes a dwelling as they find it, subject to any existing code or housing ordinances, so you wouldn't have a recourse there.

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When faced with being sued or just releasing you from your lease, most landlords will just release you.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

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