building renovation driving me nuts
April 23, 2013 6:53 AM Subscribe
My large (about 220 units) apartment building is currently undergoing MAJOR renovation-- we are talking cement cutting and jackhammering, 8am-5pm, five days a week. It is literally impossible to stay in the apartment. I have been home a few times when construction is going on, and I feel like I hear significantly less well.
My "landlord" (management company and superintendant) are all really great people, and they have made an effort to give us notices, etc. The thing is that after the first project, they announced a "phase 2," and apparently there is a phase 3 in store. All told, they are planning for this to go on until June 2014 (just called and asked).
I work from home with lots of books and stuff. For the past six months I have been working out of coffeeshops, libraries, parks. But it's still really hard. I can't take all of my books with me everywhere. When I am sick, I can't stay home and rest...because I get no rest. If I work really late (which I sometimes do because it's the only way to get some quiet time), I can't sleep in the next day. I am at my breaking point, and my lease goes on for another 6 months.
What can I do? Is it reasonable to ask for a rent reduction? Can I ask them to move me to another unit (it's a big company with a lot of properties)? Is this reasonable enough of a reason to break my lease?
IANAL but I think this would count as, to some degree, violation of the spirit of the lease, as you are no longer being provided a habitable apartment (for at least half the day). I think that if they're *really* nice, they'll let you depart early on good terms, but, given your perfectly reasonable need to use your place by day, I think you can make an argument even if they resist. Unfortunately, I'm not sure that the wheels of justice move fast enough to settle this before your lease is up; I think I'd not pay next month's rent and move out -- they can keep your deposit as the last month's rent, and if they come after you for the rest of the lease, then you can get your day in court without continuing to live with this situation meantime.
posted by acm at 7:01 AM on April 23, 2013
posted by acm at 7:01 AM on April 23, 2013
I'd definitely ask the management company and super and explain your situation particularly with regard to the fact that you work from home. I think rent reduction or temporary relocation would both be eminently reasonable things to ask. Breaking the lease depends on the terms of the lease, I'd think, but it's certainly reasonable to ask, particularly if there's some kind of buy-out involved that could be waived.
Just to address the practical side of things, when I've had major construction interfere with my work environment (my office is currently in the middle of a half-the-building construction zone), I've had good luck with a combination of earplugs (Max-Lites are great and comfortable) and over-the-ear can/headphone-type hearing protection suitable for a shooting range. When I wanted to listen to music, I could wear my earbuds under the over-ear protection. ("ear goggles", as a friend of mine calls them)
posted by rmd1023 at 7:19 AM on April 23, 2013 [3 favorites]
Just to address the practical side of things, when I've had major construction interfere with my work environment (my office is currently in the middle of a half-the-building construction zone), I've had good luck with a combination of earplugs (Max-Lites are great and comfortable) and over-the-ear can/headphone-type hearing protection suitable for a shooting range. When I wanted to listen to music, I could wear my earbuds under the over-ear protection. ("ear goggles", as a friend of mine calls them)
posted by rmd1023 at 7:19 AM on April 23, 2013 [3 favorites]
When you sign a lease you get to have "Quiet Enjoyment" of your domicile. You're not getting that.
Even if they agree to a rent reduction, will that solve your problem, or would it be better for you to break the lease?
I would think, given the circumstances, that since you can't use your apartment, that they've breached the lease and you can get out of it.
Discuss with your management company first. Then Landlord/Tenant court. You can do a recording of a typical day in your apartment.
You never know, they may be totally cool about letting you out of your lease. For me, Jackhammers are a deal-breaker.
posted by Ruthless Bunny at 7:40 AM on April 23, 2013 [2 favorites]
Even if they agree to a rent reduction, will that solve your problem, or would it be better for you to break the lease?
I would think, given the circumstances, that since you can't use your apartment, that they've breached the lease and you can get out of it.
Discuss with your management company first. Then Landlord/Tenant court. You can do a recording of a typical day in your apartment.
You never know, they may be totally cool about letting you out of your lease. For me, Jackhammers are a deal-breaker.
posted by Ruthless Bunny at 7:40 AM on April 23, 2013 [2 favorites]
Your profile doesn't say where you live. Here in BC legally you are probably out of luck. Noise as it pertains to rental agreements is covered by what is deemed acceptable by local bylaws and I don't think any jursidition within the province restricts construction noise between those hours during the week. To break your lease you'd have to go through the arbitration process but you would probably not succeed.
That said it sure can't hurt to ask to move to a different unit or for a reduction in rent. The worst that can happen is they say no.
posted by Mitheral at 7:59 AM on April 23, 2013 [2 favorites]
That said it sure can't hurt to ask to move to a different unit or for a reduction in rent. The worst that can happen is they say no.
posted by Mitheral at 7:59 AM on April 23, 2013 [2 favorites]
Response by poster: Thanks all. I'm in Toronto, ON.
posted by atetrachordofthree at 8:26 AM on April 23, 2013
posted by atetrachordofthree at 8:26 AM on April 23, 2013
yeah, a reduction in rent won't help you at all unless it's enough for you to afford staying in a hotel a few nights a week. I'd first ask to move to another unit and see how that goes.
posted by dawkins_7 at 8:42 AM on April 23, 2013
posted by dawkins_7 at 8:42 AM on April 23, 2013
The company may own other apartments; ask them if they can relocate you for the duration. I suspect white noise and soundproofing have been useless. So ask them to let you out of the lease. They may let you out. If not, contact a tenant rights organization to see if you have any recourse.
posted by theora55 at 9:23 AM on April 23, 2013 [1 favorite]
posted by theora55 at 9:23 AM on April 23, 2013 [1 favorite]
Totally reasonable to ask for a rent reduction or early termination of your lease. The worst they can say is no.
posted by Dansaman at 9:33 AM on April 23, 2013
posted by Dansaman at 9:33 AM on April 23, 2013
Seconding theora55's suggestion. This management company might have other buildings, and there may be something to be worked out there.
posted by ApathyGirl at 11:04 AM on April 23, 2013
posted by ApathyGirl at 11:04 AM on April 23, 2013
This thread is closed to new comments.
Most states/provinces have a rental board, with Web sites that you can peruse for the required information.
That being said, if you get along well with the landlord, then it wouldn't hurt to ask them first before getting the boards involved. They might be understanding and reasonable, although I imagine that they would let you break your lease or give you a month free instead of lowering your rent.
If they say "no", or are not otherwise flexible, then you can look into what you can do legally.
posted by bitteroldman at 7:01 AM on April 23, 2013