The current global situation has enabled many people to stay at home for work, the new Work From Home culture. Therefore, staying at home will make you notice and be subject to all the noise in the apartments around you. While you might consider the problem for the first few days, it will create problems with your neighbors and the landlord later on. Being at home means that any unwanted noise will create a disturbance for you. Be it through any construction work or any other noise your neighbors make, the problem remains. Hence, as a tenant, if your complaint is legitimate, then as per the laws in most states of the USA, you will be owed a certain amount of money by the landlord as compensation and have certain rights to address the challenges you’re facing.

How much you’re owed

Interestingly, landlords possess the right by law to make any repairs to the property. It is a duty on their part to ensure that the building is safe and secure for the tenants.

In the case of any construction conducted on a rental property under the legal agreement, this will be considered a particular case. So, exactly how much are you owed in such a case? Consider charges for things like renewed utility, rental units, rentals for moving and packing, extra travel or parking or food expenses, and rental for the temporary storage of personal belongings. The total weekly cost for these requirements might even amount to USD 2000. However, suppose the monetary agreement with your landlord is not on paper with his signature. In that case, it might not be significant.

While USD 2000 sounds exorbitant, it becomes reasonable if you have to move away for weeks due to heavyweight reconstructions like correction of structure, flooring, rewiring, or damage repairs. Rehabilitating away from your home means additional costs for everything, including changes in maul delivery address or reconnecting electronics or the deposit for renting a new place. These expenses will, of course, not go out of your pocket but be paid for by your landlord.

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You may be asked to leave.

Yes, that’s true! There have been many cases like this after the initial noise complaint by you against your neighbor or the construction work. Directly or indirectly, the landlord may indicate that you move out temporarily of your own accord. Agreeing to this without legal support might be unwise because you might have to pay for additional expenses for no fault of yours. However, even if you don’t want to move out, you have the absolute right to stay put. So, while rehabilitating somewhere else temporarily might be a suggestion by the landlord, it can in no way be a legitimate demand.

You are legally entitled to some ‘Quiet Enjoyment.’

As per the laws passed by a majority of the State Court in the United States, the tenant cannot in any way be asked to shift from the rental residence against their will. As long as the tenants are within the contract term for renting, they cannot be asked to move. You have paid for your period of tenancy. So, as a tenant, you have the legal right to experience ‘quiet enjoyment,’ meaning you can stay in your apartment during the period of repair and reconstruction.

There are also specific steps you can take in case the noise and disturbance due to construction work become unbearable. As a tenant, you have the absolute right to discontinue or break out away from your lease. However, the landlord will have to compensate you for this. Suppose the construction work has damaged or affected any livelihood or business venture of yours that was based out of the rental property itself. In that case, you are entitled to be compensated and can claim damage control funds from the landlord. However, you should note that this is applicable only if actual damages have been inflicted.

Certain states have passed laws stating that a tenant has to reside in the rental property while the construction is still going on. The tenant can claim a rent reduction. In case the tenant has to be moved to a different location due to the ongoing construction. The landlord will have to be responsible for the moving expenses. This can include the hotel charges or costs for temporarily shifting to a rental property on behalf of the tenant. The landlord cannot refuse to pay for your expenses if you are forced to relocate to reconstruct the rental property.

What to do if the construction continues while you’re staying there

There might be a chance of the landlord bringing in the crew for reconstruction without your consent. Even here, you can seek legal help. If the landlord has started repairing parts of the house or your floor and causing you trouble, you can stop that from happening.

The easiest way to go about this is to involve the other tenants who are also troubled by the construction. All these tenants can then individually file a complaint against the landlord. They can also claim compensation for the damage inflicted. Suppose the building makes the rental property you signed an agreement for unsuitable living. In that case, this is technically a breach of the contract signed by both parties.

Now, how is this a breach of contract? The contract will state that the landlord will provide the tenants with a moderately habitable apartment. If the construction makes your flat inhabitable, then you can sue your landlord for not abiding by the contract. The dust, noise, and dirt are some of the pieces of evidence that you can utilize to prove your points.

Conclusion

Conduct some research on the nature of your landlord’s construction. Find out whether he even has a permit for the construction work. Has he hired certified workers for the task? If he doesn’t have one of the above, then you can consider that this construction has been posed as a measure to drive out current tenants. This could also be a ploy to encourage you to increase your rent.

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