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 !