Loud construction & no notice prior to signing lease

Factual Questions
1

Hi all –

I signed a lease to live in my current apartment in August 2010.

Starting in early October, construction started on the facade of the building. 8 AM. M-F. Continuing until the later afternoon.

Noise levels from their drilling (stop and start…typically with less than minute breaks between and continuing for 5-10 seconds at a time) average around 81 dBs, peaking at around 93.

That’s a range of garbage disposal to a little louder than a boeing 737 at 1 nautical mile.

We were not told of any construction scheduled, let alone any construction that basically makes the apartment unlivable (can’t sleep if I pulled a late night, can’t do work here).

Do I have any recourse?

They’re not violating any laws, but I wouldn’t have signed the lease had I been told about this construction.

Located in Boston, MA.

2

What does it say in your lease?

You really need to consult an attorney.

3

The phrase “quiet enjoyment” is very common in leases, and means essentially that if you comply with all the other elements, what you’re contracting with the landlord to provide is a residence you can enjoy, subject to reasonable exceptions (e.g., neighboring apartment’s pipes break, requiring your water be off and a loud plumber be working for 3 hours, is reasonable; landlord’s nephew has use of vacant neighboring apartment for his heavy metal band to practice when they get off work at 11 PM, is not.)

4

Lease is silent on the issue of planned-but-unmentioned-and-prolonged interruptions in quiet enjoyment.

I could consult with an attorney, given I’m a law student (easy access), but I like asking SD everything since I discovered this site a couple weeks ago. :slight_smile:

That’s the part I’m interested in. Is this type of construction a reasonable exception? Does it become a lot less reasonable if the landlord knew about this but didn’t tell the lessees? What if the landlord himself did not know because he wasn’t told by the property manager (it’s a condo building)?

5

Whatever you do, don’t threaten the construction workers. Woodpeckers are protected under the Migratory Bird Act.

:smiley:

6

Any other thoughts?

Landlord refusing to budge. Will consult with a lawyer in the next couple of days.

7

does the lease specifically state, or the general law pertaining the leases, that the landload has the right to maintain his property?

not giving you notice might be poor customer relations but it may be perfectly legal.

was the unfinished building an indication that work was to be done in the future when you signed the lease?

8

Building was not unfinished. I lived here last year. This is my second lease. (Aug 2009-Aug 2010, Aug 2010-Aug 2011). No construction last year. Anything that was to be done to the building was posted on a bulletin board in the lobby by the property management company. This did not happen in this case, which the property management company apologized for when I called.

The landlord isn’t maintaining his property. It’s a condo building. The property management company runs the construction. They informed the unit owners (my landlord included) over the summer, prior to us signing the lease for the second time.

9

How long is it going on for? A Week, two? Unless you’re willing to move, I’d let it pass and remain on good terms with the landlord. After all, you can buy your dream house only to find the neighbor decided to add a second story a month after you moved in. Buy some cheap ear plugs and deal with it.

10

A month, although the unbearable noise (85 dB average, peak of 95 if the iPhone dB meter is right) lasted about two-three weeks.

However, given rent in Boston, we’re paying $600/week to live here.

I’m willing (actually, I’d prefer) to move at the end of this lease. I love this building, but other units open up in it every year for a good bit cheaper ($1900-$2200 vs $2400).