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Construction Making Me Loose Sleep

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jfontestad

Junior Member
What is the name of your state (only U.S. law)? Louisiana

Ok,

I wrote a thread about this over 3 months ago. This is what I wrote:

"
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.
"

Well now things have gotten worst. They have cement trucks that start coming in and out (I can clearly hear them) at times at 3am and 4am to pour cement for the new hotel.

If that were not enough, they started doing building repairs about a month ago and have been drilling, cutting and hammering away at the walls of my building. Not only that, but the lifts they are using are very noisy and wake me up every time they crank the up since I'm on the first floor and they are back and fourth right in front of my window. If that were not enough they just hammered a huge hole in the wall right outside of my window. They use my electricity as well to power their drills, and saws and what not.

It's to the point where I'm awaken almost everyday between 4am - 7:30am. I work 2 jobs and don't get off of my 2nd job until 3:30am many nights and have only been getting a few hours sleep.

I'm seeking different things depending on what can be done. If possible I would like a reduction in rent rate, because currently this has me always exhausted and is hurting my work performance and is making me always tired as I barely ever get enough sleep.

If that isn't possible I would like to be moved to a different unit where the constant noise is not an issue.

And if that isn't possible I would like to terminate my lease and just move out. It's just ridiculous and has me exhausted all the time since I barely ever get enough sleep due to the noise constantly waking me up.

Thank you for your help.
 


justalayman

Senior Member
I did not read you post very thoroughly so I may have missed something but;

the only claims you may have are if they are breaking any noise laws of ordinances. Building a building is a temp situation and allowed, as long as it does not violate laws or ordinances.

So, call you local government agancy and speak with them as to what laws are applicable to the situation.

I would thing the 3 am thing is not allowed but could be wrong. THere are parts of the country that allow all night building but there are limitations on noise, light emissions, and such.

The 7:45 thing; I can just about guarantee this is allowed.

I went back and caught the part about them using you electricity;

unless there is something in your lease requiring it, you have every right to refuse to allow them to do this and you can ask for payment if you choose to allow it. Construction electrical costs can be hundreds or even thousands of dollars per month. No reason you should bear the costs of that.
 
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justalayman

Senior Member
Cheapest, easiest solution: Ear plugs.
trust me, I work in construction;

ear plugs will not solve the problem. The equipment used causes a great deal of ground vibration. The percussion from jackhammers and hammer drills can be felt, not just heard.

I sympathize with this guy but the fact of the matter is, there is generally no recourse unless the constrution folks are breaking some noise or nuisance ordinances.
 

allmywebsite1

Junior Member
i just go through ur thread and come to know about ur problem and i ill suggest u to file sue against the builder contractor and make this point in front of the court that u r student and u r not able to sleep and noise was hesitate u and i hope u will get some benefit.
 

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