Violation of Peaceful Enjoyment ??

[FarmerJ]

PGH you forgot to include a hope that the NEW LL doesnt rent a nearby vacancy out to a ROYAL dracula of a tenant who turns into nieghbor from hell after one or 2 full moons

 

[homersimpson]

You know it's funny. I get asked for advice ALL of the time and I do my best to provide it without a hint of a condescending nature. I would think that any reasonably prudent person would be able to see my point. Then again, we're dealing with attorneys and judges. . . I am not a troublemaker, have been far from a problem tenant while at this residence, and am not looking for "something for nothing". All I ask is that the realty company honor the agreement and allow for the peaceful enjoyment of my property as I rented it, namely, the ability to get a good night's sleep. A little common courtesy at the time of my lease renewal would have been nice. I agree that some of the questions on this forum border on inane, but don't I don't necessarily think some of the wise ass answers help anyone - but this is exactly what I expected from a site like this. Remember your silly comments when someone makes a dosage error on your child's medication or falls asleep in the operating room because he is denied the right to restful sleep. I can certainly handle the situation without coming to a board like this, but thought the more information the better. I'm sure you all know knowledge is power. Thanks to those who posted sincere responses.

 

[Florid-aise]

Hey Homer, real good English usage. Real good research of the law referencing and prefacing your questions. And it would appear, a reasonable ability to comprehend what is read.

I only comment to state the obvious.

You can sue the Moon for rising during the day, or not rising on time...doesn't mean you can win, or that your suit isn't frivolous.

So, the obvious that I speak of, is none other than file your suit, take your chances, state your case, clarify the statute. It is after all, how the language of law is defined...after being challenged. That is decidedly your call to make.

But when you say that you have been offended by well-meaning and educated and informed responses; wouldn't it also be fair to grant some form of leeway for levity where your issue (although legally interesting) remains to this very instant, common sense ludicry?

 

[HomeGuru]

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 !

**A: ok, I am up from my nap. Legally, you had no grounds to terminate your lease for cause.

 

[homersimpson]

Thanks for the replies. Again, I read the statute: 1) There exists a condition that deprives me of a substantial part of the benefit and enjoyment of my bargain, 2) the landlord was notified in writing, 3) the condition was not remedied within 15 days, 4) the lease was terminated. Seems like common sense to me. What am I missing ?

 

[seniorjudge]

"What am I missing ?"

Common sense.

 

[homersimpson]

No, really. . .you reply serves no purpose.

 

[HomeGuru]

"What am I missing ?"

Common sense.

**A: now this is a post I can totally agree with.

 

[homersimpson]

Another brilliantly useful post. . .

 

[HomeGuru]

Another brilliantly useful post. . .

**A: DOH!
signed, Bart

 

[BL]

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

Yes !! Why are you still arguing over this ?

Can't you take NO for an answer ?

You were TOLD . Your landlord had NO control over what happens OFF his rental properties .

If you don't want to believe it that's your prerogative.

If you think the LL can't come after you for breaking the Lease , then tell all your replies to the Judge .

Is serves NO purpose to continue your arguments here .

 

[Florid-aise]

Oh but don't you wish that you could sue the lightning for its thunder? The very same thunder that deprived you of your needed and required sleep all night.

Homer, one gets to chose which hill they wish to make their last stand upon.

You chose this one.

Any observation on my part has mostly to due with that aspect, rather than your legal issue. So I will play this one game. One time only.

If I were your opposing attorney, I would bury you in discovery requests, and hound you for production. Then I would force you to bring me to task for discovery on the other side. There would be a delay. Each delay the jobsite progress would be further accomplished. Do you see where this is going?

Consider this, just for the sake of argument. How about a nice nominal figure for your attorney to fight this legal battle for you, say $5,000? Rather than pay my own attorney this same $5,000, I would mitigate the noise with sound dampening blankets, insulate my walls with styrofoam boards on a temporary basis, knowing that this construction process is doomed to end one day and the need for all of dampening devices would likewise also end. Not to mention that the remedy is more immediate and more practical than instituting legal action, or having to go to the bother and expense of having to move.

That common sense.

 

[seniorjudge]

"...knowing that this construction process is doomed to end one day...."

Unless, of course, you live in Boston, in which case it's just plain doomed....

 

[Florid-aise]

"...knowing that this construction process is doomed to end one day...."

Unless, of course, you live in Boston, in which case it's just plain doomed....

I see what you are saying. When over-doing it by stating too many truths, a person could have their (common) senses overwhelmed, ya know?

 

[homersimpson]

Sorry if this was lost in the shuffle, but the company that owns the land does in fact, own the realty company. Therefore, with my limited common sense, the LL does in fact have a responsibility to what occurs here, on THEIR rental property. As I read back over these posts, I can't help but feel that those who have responded in this thread think that this construction is somewhere out in the distance, away from my unit, and NOT on the LL's rental property. This is a self-contained, 52 acre complex surrounded by major highways with only one way in. The construction is within the complex being built in proximity to my unit on what used to be, obviously, vacant land (a "feature" at the time I initially rented 3.5 years ago).

I can't put in the fancy quotes like the big guys here, but I will respond to a few statements.

Blond Lebinese. . .I understand perfectly well that the LL will come after me. Let the judge decide. Again, read above. I'm not as stupid as you might think.

Florid-aise. . .Don't you think I understand what you have written below ?? I've discussed it with the realty co. several times. You are correct - complete common sense. Sorry you felt the need to type that out.

I'll say it one more time. . .Their property, their responsibility. Their rental agreement. I acted per the rental agreement and the Delaware L/T code.