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I just moved in and was not warned by my landlord of a

Customer Question
Hi! I just moved...

Hi! I just moved in and was not warned by my landlord of a construction that is currently taking place on my balcony. I cannot use the balcony because it is full of dust (and I have asthma) and my apartment view is obstructed by construction materials (I signed the lease for this apartment mainly because of the view and the large, now unusable balcony). There was absolutely no warning of disclosure of this construction taking place and I want at least a rent credit because I am not receiving what I initially thought I was paying for.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

Contacted landlord by did not get a reply

Lawyer's Assistant: Where is the apartment located?

Miami, FL

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, I think that is pretty much it

Submitted: 5 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
11/15/2017
Real Estate Lawyer: Legal Eagle, Lawyer replied 5 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 10,210
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Real Estate Lawyer: Legal Eagle, Lawyer replied 5 months ago

Thanks so much for your patience.

This appears to be a violation of the implied covenant (promise) of quiet enjoyment and a violation of the implied warranty of habitability.

All residential leases and rental agreements contain an implied covenant of quiet enjoyment. Under the implied covenant of quiet enjoyment, it states that the landlord will not take any action or make any omission which disturbs a tenant’s right to possession and quiet enjoyment of the premises. The warranty does not protect the tenant from the acts of third parties over whom the landlord has no control. However, if the landlord does have control over the situation, but chooses to do nothing, then it is a violation.

Under the "implied warranty of habitability," the landlord is legally responsible for repairing conditions that seriously affect the rental unit's habitability. That is, the landlord must repair substantial defects in the rental unit and substantial failures to comply with state and local building and health codes. However, the landlord is generally not responsible under the implied warranty of habitability for repairing damages that were caused by the tenant or the tenant's family, guests, or pets. The usual measure of damages is either 1) a cancellation of the lease agreement; 2) a withholding of the rent until the item is repaired; or 3) you repair the matter yourself and request reimbursement.

To help facilitate the situation, you may want to click here to download a “Complaint to Landlord” template and explain how the landlord is in control of the situation and that they are violating this covenant by not taking action. The template only costs $10 and the company that owns the template sends it securely in an email usually 1-2 business days after your purchase.

What other questions did you have for me?

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Customer reply replied 5 months ago
The repairs are part of the building construction they have going on, it is not controlled by the landlord. However, the landord did know about the upcoming construction as the building management sent out the construction schedules. Is this still a violation?
Real Estate Lawyer: Legal Eagle, Lawyer replied 5 months ago

You may have to argue that they are in control if they are the ones that hired and supervise the construction. So, yes, it is possible that it would still be a violation.

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Real Estate Lawyer: Legal Eagle, Lawyer replied 5 months ago

What other questions did you have for me?

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