What can be done?

[jfontestad]

Hello,

I live in condo residential in Louisiana (Baton Rouge) and they've just begun construction on a hotel in an empty piece of land in front of my building (it's owned by the condo's, somewhat of an extension of the condo's, but for out of towners to stay only a few nights at). They are throwing up a hotel (the same people that own and run where i live - part of the residential). I do not believe that they have a construction clause anywhere in my lease therefor I am looking for advice as what I can do or request from them as I can't stand the noise... It starts at 7:45am and it sounds like a lawnmower sitting outside of my window. It wakes me up every morning and doesn't let me nap in the evenings.

I'm a college student, so I'm up all night studying and somewhat suffer from insomnia due to my off sleep patterns. Now I rarely get any sleep at all. I'm thinking that something can be done on my part because now they are trying to get everyone to renew their lease and now threw in a construction waiver (I guess so that no one can complain).

What can be done? Can I request to be moved to a unit where noise isn't an issue? I want to know what my legal rights are as a tenant here paying top dollar for noise that doesn't allow me to get any sleep (construction noise all day, as well as other problems).

Any clear cut advice would be appreciated.

Thank You.

 

[seniorjudge]

Q: What can be done?

A: Earplugs.

 

[jfontestad]

Is that seriously the only thing that can be done?

I haven't been getting much sleep over the past week due to noise and they have just begun construction. All I hear all morning, day and evening is the sound of dump trucks, cement trucks, banging, among other loud noises that prevent me from sleeping.

There is really nothing that I can do?

 

[Zigner]

Can I request to be moved to a unit where noise isn't an issue?

Yes, of course you can. They aren't required to HONOR your request, but it surely can't hurt to ASK.

 

[jfontestad]

Is there anything that they are required to comply with?

I just thought that there may be something that they would have to comply follow up on as now they are trying to get all of the tenants to sign a construction waiver.

 

[MIRAKALES]

Most municipal laws permit construction to begin at and between 7:00AM to 8:00AM and end at and between 6:00PM to 8:00PM. As long as management is in compliance with their construction permit and the municipal laws, there is nothing residents can do about the early morning construction and associated noise.

It may be productive to write a letter to request relocation to a specific unit less effected by the construction and noise. If tenants lease is due to expire then exercise your right to move, as the construction will undoubtedly be long-term, probably six months to a year. Sometimes, corporations are required to replace windows of residents that are exposed to regular patterns of noise. This, however, has only been seen in areas of constant noise such as high volume airport traffic, factory noises, etc.

 

[COlandlord]

Unfortunately no. You can ASK but they don't have to legally do anything. Follow seniorjudge's suggestion and use earplugs.

 

[jfontestad]

I can still hear the noise even with earplugs. It is ridiculously loud.

I will speak with the manager and see what they say can be done and will suggest replacing the windows with sound proof windows if they are not able to move me.

I have been living here for 4 years now (all throughout college, which is a long period of time for a typical student) and hopefully they will accommodate me due to this situation.

Question I have now is why would they ask residents that are renewing their lease to sign a construction waiver as well?

 

[jfontestad]

I've been reading up and was wondering if I would have any grounds to be moved under the "Quiet Enjoyment" common law or get out of my lease?

 

[MIRAKALES]

The television series 60 Minutes had a special episode last night about the physical and mental affects of lack of sleep.
A review of the streaming video and website may be useful.