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

[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/).