What can I do if my lease states that it is quiet time from 10 pm to 10 am and they run their leaf blowers every Tuesday morning at 8 am?

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What can I do if my lease states that it is quiet time from 10 pm to 10 am and they run their leaf blowers every Tuesday morning at 8 am?

Can I sue or at least break my lease for this?

Asked on May 29, 2012 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You almost certainly cannot break your lease; a lease can only be terminated by the tenant if the landlord "materially" breaches it. A material breach is one going to the essence of the lease--the right to have and use a habitable space to live. Noise that begins two hours too early--but still during normal work hours--once a week would not be sufficient materially to justify termination. You could potentially sue for monetary compensation, but the amount of compensation you could get for noise that starts two hours early once per week (or 1/84th of the time) would be nominal; you could also sue for a court order ("injunction") requring them to honor the 10 pm to 10 am quiet time.


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