What to do if our landlord is performing loud construction next to our commercial property and the noise makes it impossible for use to do any work?

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What to do if our landlord is performing loud construction next to our commercial property and the noise makes it impossible for use to do any work?

We are a video production company so the noise makes it impossible for use to do any work that creates our profit. Can we break our lease?

Asked on September 5, 2012 under Real Estate Law, Nebraska

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The way to try and resolve the loud noise issue caused by your landlord making it difficult for you to carry on your commercial video production comapny is to have a face to face meeting with him or her about the situation to try and resolve it. Follow up with the meeting with a letter memorializing the conversation.

If the noise issue persists, review your written lease in that such noise could very well be a breach of the contract's "quiet enjoyment" provision expressly stated or implied by law. If so, you may be entitled to terminate your lease without recourse with the landlord. Before you terminate your lease, you should consult with a landlord tenant attorney that does commercial leases for his or her opinion as to what your legal recourse is.


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