Tenant's rights in regards to noise?

[phaedras.livejournal.com]

The landlord has been renovating the apartment above us for the last 2-3 weeks and plans to continue for another 2-3. The laborers usually start around 7 and continue until 5. I usually work nights so I'm here during the day and sleep late. The noise is close to unbearable, since they are tearing out everything and are using saws, drills, etc. Lately they've been destroying the yard and cutting down trees for a *parking lot* so that adds to the din. Can I demand a reduction in rent? I don't see how they can charge me the same for an apartment that was relatively quiet when I moved in, and now sounds like a logging camp.

Comments

[viellen]

I'm going to follow this thread since I'd love to know if there are actually laws about this type of thing.

My landlord did the same thing, renovated two apartments in my building which took a total of two months. I also work nights often. I was told by friends and co-workers that as long as they start after 8am (so you might be able to get them on the 7am start) there is nothing that can be done about it. No reduction in rent, no lawsuits, no nothing. I ended up investing in some very heavy-duty ear plugs and dealing with it--plus I learned to sleep through the vibrations, ugh. Out of curiousity, have you spoken to your landlord about it?

communicay-ay-shun

[enochs-fable.livejournal.com]

Out of curiousity, have you spoken to your landlord about it?

That would seem to be the logical first step - since unless you say something, the landlord has no idea it's even a problem. Working nights presents a challenge - if you (the OP) talk to the landlord, make sure to come up with a reasonable alternative (instead of expecting the landlord to figure out what you need.)

Noise sucks

[push-stars.livejournal.com]

You have a lot more rights than you would think.. Start here, www.nonoise.org then you can check local ordiances here : or from www.nonoise.org/cgi-bin/query.cgi and search for "sleep" "sleep AND disrupt" or "sleep AND interference"

There are town and state ordinances. State ordinances are pretty progressive. The local cops don't know how to support the local ordinances though. You may have to send a letter to the owner and state the ordinances and that the sound and vibration is effecting the peacful enoyment of your property.

I know you can find both ordinances online. I have. start here www.nonoise.org/lawlib/states/states.htm

Good Luck!

[surrealestate.livejournal.com]

I don't have a definite answer for you, but I recommend calling City Hall. They are generally pretty helpful. You could try their new 311 (I think) service. (Also online.)

[unferth.livejournal.com]

If you have rights at all here, it's due to a breach of the warrant of quiet enjoyment. Every residential lease in MA either explicitly contains or is legally considered to imply a promise that you'll be able to use the premises free from unreasonable disruptions.

Exactly what constitutes an unreasonable or substantial disruption is basically up to the courts, as I understand it. There aren't any clearcut standards for noise problems the way there are for heat, hot water and so forth. City Hall might have some information, or you could try the Massachusetts Tenant Union (http://www.masstenants.net/).

[lena-a-mermaid.livejournal.com]

One problem here is that your landlord wants to or needs to make renovations to the apartment. If he did it when you weren't home and sleeping, for example at night while you are working, he'd be violating the quiet time of other neighbors and he probably wouldn't find anyone who would be willing to do the work at that time of night and the work would take much longer. Renovations take power tools and create noise.

When would be a good time for him to make the renovations? As for working 7-5, those are long hours. Often they only work 7-3. So with those extra hours, they hopefully will finish sooner and then you can rest.

[xjustquietx.livejournal.com]

I don't have the patience to read through this, but it might offer some assistance:

http://www.mass.gov/?pageID=ocaterminal&&L=4&L0=Home&L1=Consumer&L2=Housing+and+Home+Improvement&L3=Tenant+%26+Landlord&sid=Eoca&b=terminalcontent&f=tenants_rights_and_responsibilities&csid=Eoca

[push-stars.livejournal.com]

Here is some more:

from here click city ordinances on the right : http://www.somervilledog.com/archives/cat_somerville_city_ordinances.php

Then from here, search for "sound" : http://municode.com/resources/gateway.asp?pid=11580&sid=21

[phaedras.livejournal.com]

Hmmm, interesting. I was starting to think there was nothing I could do, but maybe I have something to throw at him now. Thanks.

[perspicuity.livejournal.com]

one thing i would seriously consider mentioning and/or pursuing is "remediation", which is to say, asking the landlord to find you a place to sleep that is quiet and suitable for the duration - like a hotel, another apartment/etc OR seeing if you can deduct such from your rent as a per diem - you might be able to rent a room at a friend's place as well, and get reimbursement in that matter.

otherwise, there's a geeky lawyer (pointers abound in earlier davis sq postings within the last couple weeks iirc), and pursue that. simple argument: if you cannot rest, you cannot pursue work/etc, and with that quiet enjoyment clause your lease probably has, might be grounds for breach, and landlord might have to pay for relocation - which would be more expensive perhaps that just finding you quiet space. IANAL :>

in the meantime, howard leight max 33 decibel earplugs :P

good luck.

#

Quiet enjoyment of your space

[mistergoat.livejournal.com]

When my landlord a few years ago announced that he was going to make various renovations IN our apartment, we contacted a housing advocate friend, and she said that either standard leases or housing law (afriad that I forget which) guarantee you, as a tenant, the right to the "quiet enjoyment" of your space. You could probably get a lot of mileage out of this clause. Even just pointing it out to your landlord, particularly if he/she is unresponsive after you make clear that the noise is a problem, might make him/her back down without having to take it to court.

General advice is to take careful notes on your communications with your landlord and to do things in writing when appropriate (and always keep copies of anything you give to the landlord.

As an aside, if they're significantly altering the yard, I wonder if that's a violation of the lease--is the yard mentioned in your lease at all? That can vary.

For more info, I'd try the Cambridge Eviction Free Zone at 617-354-1300 or City Life/Vida Urbana at http://www.clvu.org or 6176-524-3541. Both focus on geograhic areas outside of Cambridge, but can still be great resources in my experience. There's also Cambridge/Somerville Legal Services at 617-603-2700; they share a website with Greater Boston Legal Services at http://www.gbls.org. They're great, but can sometimes be a bit slow.

You have rights! Assert them.