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  1. #1
    Join Date
    Aug 2014
    Posts
    2

    Default Can You Break a Lease Over Construction Noise

    My question involves landlord-tenant law in the State of: California

    Hello,

    I live in San Jose, CA and my apartments had a water broke and reconstruction is going on.

    The current problem is the unbearable noise like thunderstorm or earthquake since the restoration staff broke down the wall that my room shares.

    Although I requested the lease office to change my unit, they turned me down and they said it might be possible if I cancel my contract and make another one on the market value, which is over 12% increased from my current rate.

    But my contract started only 3 months ago and its period is for 16 months.

    The lease office said that water broke wasn't their fault, so, I need to file my request to the restoration company.

    They provided unit change at the same rate to the residents in the units affected by water and needed to be torn down and reconstruct, but they can't provide that to me because there is no physical damage in my unit.

    I'm worried about the noise and air contamination because the reconstruction site is right next to my unit. Moreover, I can't use elevator because the reconstruction staff use that frequently and I don't want to ride with construction waste.

    The water broke is not my fault either and I don't know why I pay my rent fully while living in a terrible apartment.

    I don't know how I solve this problem...

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,407

    Default Re: I Can't Stand Anymore the Reconstruction Pollution and Want to Change My Unit

    Start here, and make a few calls:

    http://www.sanjoseca.gov/index.aspx?NID=743
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can You Break a Lease Over Construction Noise

    Have you asked how long the repairs are expected to continue? It's difficult to believe that the demolition necessary to access pipes wouldn't be over quite quickly.

  4. #4
    Join Date
    Aug 2014
    Posts
    2

    Default Re: Can You Break a Lease Over Construction Noise

    Quote Quoting Mr. Knowitall
    View Post
    Have you asked how long the repairs are expected to continue? It's difficult to believe that the demolition necessary to access pipes wouldn't be over quite quickly.
    Thank you for your comment.

    This water broke was caused by false fire alarm due to mistake when setting microcells and water splattered over the hallway. Some units were soaked and water soaked through several floors.

    I already asked about the estimated time for restoration to the lease office and the workers, but they repeated they don't know and the current progress doesn't reach to the half of the reconstruction.

    By the way, the water broke happened at 4th of June.

    These days, the workers tear down hard material.

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