Legal Question in Landlord & Tenant Law in Florida

jack hammering

We moved into a condo in Feb. As we were moving in the maintenance personnel informed us that beginning in May the building was going to be under major construction. Now a crew will be jackhammering on our balcony and nearby balconies for the next 4-6 mths. Our landlord doesn't want to give us a discount on rent (even though I'm certain she was aware of the construction when we applied for the lease). I feel that since we weren't made aware of the major construction, we should be able to break the lease w/o penalty and she should either pay for our move/or 3 mths rent (which ever is greater). As a side note, besides the jackhammering that I will be enduring (with my two small children that were listed on the lease application), we our losing our ocean view (unless we want construction workers looking in at us), our balcony, the pool, beach access. If you believe that we're entitled to some compensation, how do I go about getting it? Thank you.


Asked on 9/19/07, 10:58 pm

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: jack hammering

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

You may have some rights to demand a reduction in rent or the right to break your lease. Without reviewing the lease agreement, it is impossible to give you any advice as to its contents but there is probably a paragraph that promises you the quiet enjoyment of your apartment, which from your description, you are not receiving. You should meet with a local real estate attorney to discuss your legal rights and obligations.

Scott R. Jay, Esq.

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Answered on 9/19/07, 11:39 pm


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