Legal Question in Real Estate Law in California

Construction for over a year.

In April of 2000 the tentants recieve a notice that the new owners will be doing some upgrading and construction around the apartment complex and the work should be finished in about 3 months. Well it's a year later and it's not half way finished. It looks like a war zone around here. Wood,lumber, nails everywhere, from 8:00am to 5:00pm 4 to 5 days a week, and the noise is unbearable. I have not had visitor in over a year. It seem that everytime we get a new owner they start doing construction of some kind. This is the 3rd time in 13 years. When can I have peace, joy and visitors again? Sometimes I hate to come home because it's degrading and makes me depressed. What recourse do I have? Can I stop paying rent until the contruction is over?


Asked on 4/24/01, 1:02 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Construction for over a year.

It seems to me you should get together with some other longer-term tenants and approach the building management for some explanation. It has to be hard on the owners too to have long-term construction going on--remember, all those contractors and all the lumber and nails have to be paid for. What the heck is wrong with the property, anyway? After a year of work, it ought to be a showplace. Work with the other tenants--there is strength in numbers, and you can share your information and ideas.

I don't think withholding rent is a good idea.

You should give serious consideration to moving. Maybe it is time to buy your own place. Maybe you need a change of scenery. Moving out is the ultimate way to show the landlord you don't like his policies.

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Answered on 6/15/01, 2:10 am


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