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Construction noise

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

I recently had to have my older rental house retrofitted and stabilized as it had moved over the years, causing a bulge in the foundation and cracking stucco. I notified my tenant that the house would have to be retrofitted (approximately three days), including sandblasting for one day, followed by new stucco work. She has an E-bay business and works from home, using her computer, occasionally taking photographs of her products, and packaging them for the mail. Because of the noise disturbance, I offered to let her stay at my house, next door (two on a lot) but she refused, saying she needed to be IN the house so she could take photos. She does have a huge double car garage which was not affected by the noise/dust. Several months later, she has decided that I should reimburse her for income lost during these days of dust, noise and inconvenience. Does she have a case? Her lease states: "In no event shall Resident be entitled to any compensation or damage due to any extra expense, annoyance or inconvenience for loss of use due to a casualty beyond the control of the Owner." Surely movement of the house falls into this category?


Senior Member
When is her lease up for renewal ? If it was me I would tell her `since you do not do business face to face meeting potential clients in the home then this is not my problem` AND it really is not your problem if her sales dipped and if you cave in for even one dime on this then this tenant is going to likely work you like a _ _ _ _ _ on Broadway. If she attempts to deduct one penny from the rent refuse her short payment and start the process to take her to court for nonpayment. ( at home businesses just like any other do have highs and lows and some times they fail and since hers is all done via mail or home delivery to the customer so for her to prove your repairs impacted her sales is going to be one hell of a stretch )

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