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Philip, i run a business, a new business just moved in next

Hi, Philip, my name is...
Hi, Philip, my name is ***** ***** run a business, a new business just moved in next door to me and their noise totally makes my business inoperatable
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Answered in 1 hour by:
8/24/2015
Legalease
Legalease, Lawyer
Category: Real Estate Law
Satisfied Customers: 16,388
Experience: 13 years experience in RE Law, including LL/Tenant, contractor disputes, comm'l prop. issues
Verified

Hello there Paul --

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Philip is not online and because we do not have set schedules, we cannot tell you when she will be online again. Customer service has forwarded this to me due to my extensive experience with real estate issues and commercial leasing.

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Can you tell me -- is this a leased property or do you own the property that your business is located on?

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If there is a lease, have you complained to the landlord and what has been the response to date?

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MARY

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Customer reply replied 2 years ago
Thanks, ***** ***** leased property. I complained to the property manager, he came down himself and said the noise is at a street level. He said they will fix it by sound proofing the neighbors wall and if that doesnt work they will soundproof my wall aswell.. while we are waiting for this action i cant perform anything because the noise coming from them is to much. My business is a career training school.
Customer reply replied 2 years ago
My concern is this next business is a zumba class that always plays loud music, the landlord knew this from the start and did not initiate sound proofing the walls to prevent anytype of disturbance. Its being couple of days now and nothing has been down so far.

When you rent a property, and this is particularly so in a commercial lease, a court will hold both parties to the strict terms of the written lease between the parties. Now, in most leases there is a provision that you have the right to "Quiet Enjoyment" of the property that you are renting -- which means that you are supposed to be free from any disturbances caused by other tenants in the same property (if there are other tenants). Legally, what you are experiencing is called a NUISANCE in real estate law (that is the actual name for it and while there are no actual written statutes which govern it, there is a body of case law in every state of parties suing each other for causing nuisances on property where they rent a unit or neighbors causing nuisances to other neighbors). However, even if your lease does not specifically state that you have the right to "Quiet Enjoyment" that is actually one particular leasing law that is applicable to all written leases, whether it is actually written into the lease or not. So, if you cannot find it specifically written in your lease, you can still pursue this case as a matter of real estate NUISANCE law.

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Basically, NUISANCE law states that someone or something is happening on another property that is getting onto your property and it is happening in such a fashion as to disrupt your life or your business. You have done the first step in complaining to the Landlord, and now it is probably a good idea to put the complaint in writing to the Landlord (if this ends up in court you will need a trail of paperwork to show the judge that you have tried to correct matters with the landlord before pursuing legal action).

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Write him a letter and tell him that the noise emanating from the neighboring property is so loud that it is disrupting your business and driving customers away from your business before they have a chance to complete courses, etc. Ask him to give you a definitive plan regarding what he intends to do about the noise so that you can let your own clients and patrons know that it will not be forever and you can give them a target date that there will be some lower decibals emanating from the place next door.. You should send the letter by certified mail AND by regular mail with proof of mailing (the post office can give you a proof of mailing receipt that certifies that you mailed something on a particular date and time to a particular address) -- I suggest BOTH methods for the same letter so if he does not pick up the certified letter you can still show a court that another copy was sent by regular mail.

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If you write and send the letter and you still get no satisfactory result, then you should speak with a local lawyer about bringing suit against the LL for NUISANCE and the violation of your right to Quiet Enjoyment of the property. The lawyer will most likely start with a letter and then the matter could escalate into a court action with the end result being either the Landlord comes up with effective sound proofing or he lets you out of the lease and pays you some damages money to help you move to a new location. In this situation you will need a RE lawyer with specific understanding of commercial leases and the law of NUISANCE. If you contact the bar association of your county or the nearest large city and tell the intake person what your case is about, they should be able to give you several names and you can proceed from there (you just want to make sure the lawyer that you hire has had no dealings with your landlord or was ever the landlord's lawyer -- so you may be better off contacting a lawyer in the next county over or in the nearest city and not go with anyone very local to all of you).

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In the meantime, you should try to keep track of some of the comments of your customers (who said what and when) and how this thing progresses by keeping a written journal (write down dates, times, persons present and things said to you or others regarding these issues) and if it is very factual without too much emotion your journal may end up as evidence and being reviewed by the court/judge as the "timeline" for the case. And you may need some of your customers/clients as witnesses if the matter actually proceeds to court. -

I wish I could give you an immediate statute/law that you could point to in order to make the landlord either fix the issue or let you out of the lease, but it doesn't work that way. These things can take a bit of time to resolve but if you pursue it correctly (written complaints, then let a lawyer step in) you should get some results on the matter within a few months time (a bit longer if you have to file a lawsuit).

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Please let me know if you have further questions. If not, can you please press a positive rating in the upper right hand corner of the page (four or five stars) so I will be paid for my time assisting you today. I am paid nothing unless you press a positive rating. DOing so will NOT cost you any additional money -- it simply acts as the trigger to Just Answer to pay me for my time assisting you today. THANK YOU VERY MUCH !!

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MARY

Legalease
Legalease, Lawyer
Category: Real Estate Law
Satisfied Customers: 16,388
Experience: 13 years experience in RE Law, including LL/Tenant, contractor disputes, comm'l prop. issues
Verified
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Customer reply replied 2 years ago
Thank you. very much for the answer.
Ask Legalease Your Own Question
Legalease
Legalease
Legalease, Lawyer
Category: Real Estate Law
Satisfied Customers: 16,388
16,388 Satisfied Customers
Experience: 13 years experience in RE Law, including LL/Tenant, contractor disputes, comm'l prop. issues

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