Legal Question in Landlord & Tenant Law in California

Yes- IMO their activity constitutes a breach of the covenant of quiet enjoyment/possession. They will sue you anyway for the balance of the lease so prepare yourself for court with witnesses, recordings etc. and etc..

I respectfully disagree with Attorney Seidler. I do not believe this rises to the level of a breach, so long as they are working during normal business hours. In most Cities and Counties, construction work can actually begin at 7:00 AM, so an 8:00 AM start is probably considered reasonable. I agree with Attorney Seidler, however, in that you will be sued for breach of the lease, and will need to be prepared to defend the suit on the basis that the landlord breached your covenant of quiet enjoyment. To prepare yourself, you need to create a file and start documenting with the landlord in writing your concerns. Ask that they take corrective action to remedy the situation - a later start to work, perhaps some means of deflecting or mitigating the noise from construction. You have to give the landlord written notice that you believe they have breached this implied covenant, and give them the opportunity to fix the problem before you move out. The bicycle, by the way, is not going to be relevant at all to your argument. Once you have documented your concerns, and requested correction and the landlord refuses to fix it, give 30 days notice that you are going to terminate the lease early for their breach of this implied convenant. Then, and only then should you move. This doesn't guarantee that you won't get sued - in fact I'll lay odds on your actually getting sued, and it doesn't guarantee that you will win, but it is the best you can do to protect yourself.

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