Construction in the appartment upstairs - what's the law?

[george graves]

OK - so my landlady is a royal pain in the ass. She took 2 months to re-model my bathroom while I was living there - I got out of 1 months rent - anyways....

Now the story is that she is doing a remodel of the upstairs appartment - I'm afraid it's going to go on for MONTHS...Yester day was the first day and I couldn't stand to be in my appartment with all the noise.

What are the laws regarding something like this? Is there time limits per each day the appartment can be worked on?

I inquired to my landloard as to what the deal was, and her response was "if you don't like it leave"

...

[Tangent]

I don't know about work being done in the same building liek your case, but I know that construction projects like new housing developments have time restrictions.

You might want to try asking on sites like http://www.caltenantlaw.com/ , this might be considered a habitability issue under the California laws protecting tenants...

[MR 325]

Moving to > Off topic

[kansas-ix]

probably the best you can hope for is a release from your lease, unless you want to file civil charges as you would have to show damages like loss sleep, jobs, etc. Also nuisance is a good angle to pursue under the circumstances. Think about it more when I get some time.

[parkerbink]

In L.A. They can't start before 8pm or work after 6pm. I bet Santa Barbara is more restrictive.

Call your local Sheriff & ask what the rules are. Then call back when they are breaking them and tell the officer to listen to the noise & ask for a patrol car, or move.

[vnv01]

you got two options...

Stay.. and after re-reading your lease to see if their is a clause pertaining to landlord related improvements, try to renegotiate terms of rent while the noise is going on.. Use your lease to your advantage, it's their to protect you too, ya know..

or Leave.. Constructive Eviction is the term of art you're looking for in that case.. Lost sleep, excessive noise, dirt and debris settling downstairs making your living conditions temporarily uninhabitable. Be prepared to walk away from your sec. deposit (they almost never cough that back up) and have your first,last, and security ready for your new place.

good luck.

[parkerbink]

I had an apartment in L.A. in the 90's, the roof leaked. I asked the landlord to fix it he said ok and didn't in the memo area of my check every month (for 6 months) I asked him to fix the leak. Then I stopped paying rent, for four months instead of rent I sent a letter asking that the roof be repaired.

He institutred eviction proceedings and I answered his complaint and got ready for court,after 6 months (of no rent paid) we went before the judge who looked at my letters (monthly for 12 months) and at my canceled checks with the repair request for 6 months as well as letters I got from all of my neighbors regarding their maintainance issues.

The judge ruled that I was entitled to live without rain in my house and threw out the case against me and ordered the land lord to pay for my moving expenses.

Document everything, send the landlord letters calmly stating your position. If she does not redress the issues stop paying rent, in the mean time notate in the memo area anything you man need the judge to see if you go that route.

Good luck