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Irwin Law
Irwin Law, Attorney
Category: Landlord-Tenant
Satisfied Customers: 7348
Experience:  Attorney 35 years extensive and active real estate practice; represents both landlords and tenants
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Currently have a two year lease in Baton Rouge, LA with 18

Customer Question

Currently have a two year lease in Baton Rouge, LA with 18 months left to fulfill. Prior to signing the lease, we were not told about a major sewage renovation project that did not start until a month after we moved in. We have complained to our landlord but he basically told us to "deal with it." From shutting off our electric, cable, construction crews parking on our property or blocking the driveway entrance to our property, it has been a nightmare. Is there anything we can do about this?
Submitted: 2 years ago.
Category: Landlord-Tenant
Customer: replied 2 years ago.
We also very concerned about our safety. From numerous construction personnel walking across our yard and front lawn, starting work at sporadic hours, including Sat. and Sundays, I really feel as if we were deceived. I have a text indicating the landlord knew about the project but stated he thought it was slated to end in December, 2014. It is now May, 2015.
Expert:  Irwin Law replied 2 years ago.
You are certainly free to attempt to cancel the lease based upon a misrepresentation by the landlord; however, should the landlord sued to force the breach of contract and damages, I would assess your chances of winning such a case at less than 40%. You would have to prove that the landlord knew absolutely what was going to happen when, when it was going to happen and how much the noise and other distractions would affect you. That would go to whether or not the landlord had breached a warranty of "quiet enjoyment". The other ground for cancellation would be that the home became an uninhabitable due to the construction activity. I think any lawyer would tell you that these are usually ranked as weak defenses. This is one of those unfortunate and uncomfortable situations where in all probability the law is going to favor the landlord.

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