Can my landlord begin construction on a house that I am renting without my permission?

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Can my landlord begin construction on a house that I am renting without my permission?

Recently my landlord has hired a construction crew to begin construction on the back porch of a house I am renting. I am told this will take well over a month, as they are adding a new room onto the house. I work the night shift, and have to sleep during the day, which is now impossible because of the constant noise from the construction, not to mention the laborers marching through the house almost nonstop. Is there any way I can get this to stop? Can I sue for part of my rent back? What should be my next step I take?

Asked on July 15, 2010 under Real Estate Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Your next step should be to go to Landlord Tenant Court to stop your landlord from continuing the work or to abate - or reduce - your rent for the entire time that the construction is going on AND to ask that the court limit construction to hours that are reasonable to you given your work situation. You have a right to "quiet enjoyment" of your apartment.  You paying rent helps to secure these rights.  I would also review your lease to make sure that you did not agree to this in any way (like if the construction was anticipated and you inadvertantly consented) but I am pretty sure that this access and disruptive behavior is not sanctioned therein.  God luck.


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