Violation of Peaceful Enjoyment ??

[homersimpson]

I currently live in an apartment in Delaware. In June of 2004, I renewed an annual lease. Shortly thereafter, without ANY verbal or written notice to the tenants, full groundbreaking began on the construction of a 7 story luxury condominium complex. I live directly across the street and can give a laundry list of reasons as to why this has violated my right as a tenant to peaceful enjoyment of my rental property. The completion date is scheduled for "sometime at the end of the summer of 2005". The management/realty company does not own the land and contends they "knew nothing" about the proposed construction until the the day it began. Delaware L/T code states that tenants are afforded the right to peaceful enjoyment of the property.

" § 5306. Tenant's remedies relating to the rental unit; termination.

(a) If there exists any condition which deprives the tenant of a substantial part of the benefit or enjoyment of the tenant's bargain, the tenant may notify the landlord in writing of the condition and, if the landlord does not remedy the condition within 15 days following receipt of notice, the tenant may terminate the rental agreement. If such condition renders the premises uninhabitable or poses an imminent threat to the health, safety or welfare of the tenant or any member of the family, then tenant may, after giving notice to the landlord, immediately terminate the rental agreement without proceeding in a Justice of the Peace Court."

When I renewed my lease, I had no intention of living on a construction site. Had this information been disclosed at the time of renewal, I would have a) rented month to month or b) terminated my lease at the time. At no time, both at the time of my renewal or as has been presently offered, would I agree to move to another unit away from the construction site. (I was reluctant for other reasons to renew my lease in the first place.

As this situation would not satisfy criteria for early termination (death, job transfer, etc.,) is there any legal ground for breaking my lease without penalty on December 31 (less the the usual 60 day notice) ??

Any thoughts would be appreciated. Thanks !

 

[PghREA]

I'm not an attorney - but, how is your complex owner responsible for what happens across the street on land that he does not own? Since he has no control of this land, no one was required to give him advanced notice of what or when someone was going to develope this site.

 

[homersimpson]

The land that is apparently not owned by the realty company is within the complex on which the apartment buildings are built. As a result of the construction, the street and sidewalks on which I live (and use) and the parking spaces which are designated for the use of tenants have been completely uprooted and moved. It's an interesting dilemma. . .

 

[BL]

The clause of peaceful enjoyment is part of your rights as a tenant on the property you rent on.

Usually constructions such as you describe do not fall within tenant/Landlord rights and responsibilities.

These types of constructions and/or repairs are Permitted , unless they do not have the proper Permits . There may be certain times of days they are allowed to construct though . Might want to check with your local Building Permits Dept.

I know it's annoying. I once lived in a place , and right behind me they constructed a building. It took 2-3 months .

 

[BelizeBreeze]

It may be an interesting problem, but not one for which you can seek relief based solely on the facts presented in your post.

 

[homersimpson]

I am not an attorney, but it seems to me that the statute is (of course) very vague. I do believe that there is a "condition" that exists that deprives me of the personal enjoyment of my rental property. I am a reasonably prudent person, but who defines what deprives a particular tenant of his/her benefit/enjoyment of the property (It reads ANY condition. . .who decides ??). There is no mention of any specific cause or whether the resulting deprivation results from actions by other tenants, landlords, or the pack of wolves that attacks someone everytime they exit their rental unit ! Are there any case laws out there ??

 

[BL]

http://www.nonoise.org/lawlib/states/delaware/delaware.htm

You weed through it all ...and when it's all said and done 10:00 PM to 7:00 no noise .

 

[homersimpson]

Well, I understand that I cannot challenge an issue that is clearly stated in a lease that I have signed. For example, if the current lease states that no pets are allowed and I have signed a legally binding contract, I would never expect to be able to have a dog or pet bengal tiger in my apartment. Likewise, if reasonable levels of "noise" are allowed from 7AM to 10PM, then I would never complain that the children are making too much noise at 3PM. However, my concern is much more than a noise problem. It includes things like parking, cleanliness, and other conditions that deprive me of my right to a peaceful environment. These issues did not exist when I renewed my lease. They have on file a letter that I sent back in August that briefly discusses these issues. They have never responded. I can't get past the "ANY condition" part of that statute. What if a small airport was opened near an apt. complex ? Would that be a condition depriving tenants of reasonable enjoyment of their property ? I would think so. . .unless there is a statute that states specifically that the example above (air traffic) is not under the control, so to speak, of the landlolrd. You've read and signed the contract, you're bound by the terms. In my particular situation, the statute is vague, at best.

 

[homersimpson]

Man. . .ton's of views, not many replies. This must be tough one ! Thanks for the input.

 

[PghREA]

By the time you're done getting opinions and sue for some specific reason and the case is heard in court - the complex will be built and things will be back to normal.

Sublet your unit to a more tolerant person and move.

 

[FarmerJ]

Take your chance with court when you are asked why you broke your lease early ,and tell the court you moved because your LL couldnt control the disruption to your life created by a nieghboring property not owned by your LL . construction projects allthough messy during the work are unfortunate to those whom it bothers . the reality of it is unless you offer your LL a settlement of a extra month or 2 of rent in exchange for written early cancelation of your lease your going to be made to pay for vacancy time if you breach the lease and move early . your reading the lease the way you are is expecting too wide of a definition of any and to expect a court to agree with you is pushing it to a major extreme good luck to you . BTW use the links up top and locate a real estate atty in your state . and see what he or she has to say about your odds of successfully proving that your LL is breaching the lease with things they cannot control .

 

[homersimpson]

Well, I moved from this apt. on Dec.31. Any other comments ? HomeGuru ?? Senior ??

 

[seniorjudge]

Well, I moved from this apt. on Dec.31. Any other comments ? HomeGuru ?? Senior ??

Sshhhh....HG is taking his nap. No noise, remember?

 

[queenofsand]

Keep a close eye on your mailbox. Until 'the' letter arrives from previous management, there's no need to wake HG.

 

[PghREA]

Here's hoping that the new year and new apartment is peaceful and quiet, that your parking space is always available for you, that your neighbors are not "crazy" and that your life is not disrupted in any way.