Can they put a HOLE in my wall?

[DarlaLee]

What is the name of your state? Tennessee

My 6-month lease is up in October? After we had lived here 3 months our lanlord informed us that they would not be renewing the lease because they were going to connect their house to ours and move their elderly mother.

We have been very tolerant of them working on their house and our outside wall. They usually start at about 6:00 a.m. every weekend moring banging, sawing, yelling, etc. and always wake up my daughter, husband, and I. But now they are telling us they are going to go ahead and put a HOLE through our living room wall. Now they have given us the option of staying until our lease is up or going ahead and moving out. Of course we have chosen to move rather than let them watch us through a big gaping hole. They are wanting to put this hole through the wall this coming week. They have only given us about 3 days notice. We have found another place but it will not be ready for at least 2-3 more weeks.

Do we have any rights to stop this from happening until we can move out?

 

[Alaska landlord]

You may be able to sue your landlord for breaching the implied warranty of quiet enjoyment of the premises and or for constructive eviction. Should you win the landlord may be required to compensate you for moving cost, attorney fees, return of your rent and other expenses. I think its time you speak to an attorney.

 

[FarmerJ]

I agree go talk to a real estate atty now take pics of what you can first with a disposable cam, and bring them with you. Also I cant help but wonder if the LL has building permit? is one posted? Call your city /county govt center to learn what dollar threshold is used for when permits have to be filed Or atleast ask them flat out if joining 2 homes should require permit. You can feel free to not give the address to them but if you do maybe they will order the work to cease till permit can be filed.

 

[OHlandlord]

How are they connecting these two houses together? I assume they sit very close together. Are they building a hallway of some sort to connect them? If so, they may be planning to put a door into your house at the end of that hall. (They may not need a permit if they are only building a hall as it will entail no plumbing or electrical systems, and only a minimal roof.) Have they completed the hallway already? (Have it roofed and enclosed?) I know I could cut that hole and pop a locking door in there in a few hours. But I digress...

If your lease doesn't end until October, they probably have no right to force you out early. They may also be violating city code (many cities don't allow construction work to start before 7 or 8 a.m.). They also may be violating your right to the private enjoyment of your premises. I would take FarmerJ's advice to talk to an attorney (maybe legal aide will intervene quickly). At the least, your landlord could hold off on putting the door in for 2-3 weeks to allow you time to move into your new place. I also would call whoever issues the building permits as they make the rules for when that construction can take place.

 

[Gadfly]

You should also check with the city about what time they are allowed to start construction work. Many cities don't allow this type of work prior to 7:00 AM.

 

[DarlaLee]

Thanks to everyone who has taken their time to help.

I have checked with the county govt. and they tell me there is no ordiance as to when construction work should start.

So, is my only recourse to get an attorney? I really hate to go to this step because of the cost and time involved. Because we have already given first and last months rent and a security deposit for our other house (even though we weren't really prepared to do that on such short notice), we would have a hard time gathering up enough money to hire a lawyer.

I still need to check on whether or not they have a building permit. If they don't who do I contact to stop them from building?


Thanks again for the help

 

[Ozark_Sophist]

Call a local attorney. Most will give a free consultation. This would give you a better idea if its worthwhile.