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Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 33042
Experience:  30 years experience representing clients.
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MY LANDLORD HAS BEEN RENOVATING THE HOUSE HE RENTED TO ME WHICH

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MY LANDLORD HAS BEEN RENOVATING THE HOUSE HE RENTED TO ME WHICH HOLDS THREE OTHER RENTED APARTMENTS, WITH THE LOSS OF ECONOMY MANY HAVED MOVED OTHERS HAVE COME YET I HAVE STAYED NEVER LATE ON MY RENT BUT NOW THE LANDLORD DECIDES HE IS GOING TO WORK ON THE RESIDENCE AND FOR THE LAST 10 MONTHS HE HAS CROSSED THE LINE ~ HE STARTS AT 7 AM IN THE MORNING AND UNLESS I SCREAM AND HOLLOWER HE WOULD CONTINUE TO WORK ON THE APARTMENT ABOVE MY HEAD HE HAS DAMAGED THE APARTMENT I LIVE IN BY PUTTING NEW FLOORING IN THE APARTMENT UPSTAIRS ~ DOING SO HE HAS FLOODED OUT ONE OF MY ROOMS AND PUSHED THE WALL PAPER THAT HAS BEEN HERE FROM THE TIME THE HOUSE WAS CONSTRUCTED IN THE LATE 1800 IS CRACKED AND SHATTERED IN MANY PLACE ~ I WORK THE NIGHT SHIFT AND HAVE SO FOR THE PAST YEARS, BESIDES MOVING WHAT REMEDIES DO I HAVE?
Thank you for using JustAnswer. I am Loren and I will do whatever I can to answer your question and provide excellent service.

I am sorry to hear of your dilemma. I realize how frustrating this is for you, but I believe I have information which you will find helpful.

With every lease come certain implied warranties from the landlord to the tenant. One of those is the right to quiet enjoyment of the leased premises. If the landlord is renovating the property and it unreasonably affects your ability to live in the premises for which you pay rent, you can sue the landlord for breach of the lease. Specifically, the breach of the warranty of quiet enjoyment. You would be entitled to recover money damages from the landlord.

You may also want to check with the police. Many municipalities have limitations on the time construction may begin in the morning and how late it may go into the night.

It is my privilege to assist you. Let me know if you need further information.  I hope I have helped you beyond your expectations in the service I have provided to you.  I am here for you.

Be sure to verify the information I have provided with a local attorney who is familiar with your local laws and procedures.

I am happy to answer your follow-up questions and assist you until I am able to explain the answer to your satisfaction. 

Thank you.

Loren
Customer: replied 3 years ago.

Loren,


I would have hoped that you would have directed me to the proper challenges to start the procedures to make the enforcement of legal rights. I can read and know that I have a right to some kind of peace and quite for the money I pay.


 

Hello Nancy,

I would request that you not leave a negative rating to ask a follow up question. It affects my standing on the site and I am happy to answer your follow up questions until you are satisfied.

Additionally, while you may be quite familiar with your situation, I have only the information provided in you question and I nave no way of knowing what you know or do not know.

You asked for the remedies available. You can file a suit in small claims court, most likely, for breach of your lease. That is the remedy available to a tenant when the landlord violates the warranty of quiet enjoyment. A constructive eviction required that you physically vacate the premises, which you indicate you are unwilling to do.

Small claims court, as I am sure you are aware, is more user friendly than regular court and is designed to be accessible to the public without an attorney. The clerk of the court in your county will have the summons and complaint forms you need to file to commence the case.

As an additional remedy, you can call the local police to cite the contractors if they begin construction activity prior to the time allowed in local ordinance.

I hope this is helpful. If you have more follow up questions please let me know. It is never a problem.

Thank you.

Loren
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