What to do if we signed a 1 year lease 5 months ago and there was no mention of construction?

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What to do if we signed a 1 year lease 5 months ago and there was no mention of construction?

We have a year lease on apartment and no mention of construction work during signup (they knew about it and started construction at the other end of the complex and now are moving into the building that we stay in). Now the whole building is being torn apart from outside to replace all windows (lot of sound and dust). All I need is to get relieved from my lease or provide hotel accomodation for the length of the work, or relocate within same apt complex at their cost, we have a new born susceptable to anything.

Asked on August 27, 2012 under Real Estate Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the landlord or apartment manager did know of the fact and extent of the construction at the time you signed the lease but failed to disclose that material (important) fact to you, that may consitute fraud and may give you grounds to terminate your lease without penalty. Alternately, if the construction is making your unit unhealthy to live in, that may be a violation of the implied warranty of habitability (the obligation that all rental premises be fit, or safe, for their intended purpose--in this case, residence), which violation could again provide grounds to get out of the lease or to seek monetary compensation for the time that habitability is impaired. You should speak with a landlord-tenant attorney to discuss your options.


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