If our landlord is doing work in the unit below and causing extremely loud unbearable noise, does this constitute failing to provide us quiet enjoyment?

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If our landlord is doing work in the unit below and causing extremely loud unbearable noise, does this constitute failing to provide us quiet enjoyment?

The noise is so loud that we cannot even hear the TV and have to leave. The work goes on for about 8 hours a day Monday-Friday. We have addressed it with them multiple times but they said they have to “maximize their investment in the property” and refuse to stop. We don’t want to leave because we love the home and have spent to much money in the move. What can we do to get them to stop?

Asked on January 1, 2012 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the landlord's work on the unit that you are renting is actually causing the problems with noise that you are writing about, the loud noise in and of itself would appear to be a breach of the covenant of quiet enjoyment of your rental.

I would write the landlord about the situation to see what can be done to rectify the inconvenience that you have had as a result of the improvements being made on the downstairs unit. Keep a copy of the letter for future reference and need. I suggest that the landlord owes you a rental rebate for the inconvenience that you have had to endure.


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