Violation of Peaceful Enjoyment ??

[BL]

The management/realty company does not own the land and contends they "knew nothing" about the proposed construction until the the day it began.

From the first post ...... by OP .

Now you have contradicting yourself.

Where before have you made it Plain, that this land belonged to your Landlord ?

Noise ordnances are 10:00 to 7:00 or about their as I stated. They must have had a Permit , and approved for construction.

My replies have ended here .

 

[Florid-aise]

I will have to mimic Blonde Lebinese in a moment and go through the check-out counter myself. But I would almost assure you that the frustration here is generated by nothing other than a common observation that you are indeed not stupid. Therein lies the problem. Hardheaded maybe, but stupid, no.

Where I appear in your thread is in response to those whom "curse the night for being dark" rather than take pro-active steps other than just complain about the darkness. This is a personal frustration that I have lived with all of my life, so it is my problem and not yours.

Here's how I see it in a nutshell. Your contention is not unique. When you remember the old Western movies and see the cattle being driven to market, these cattlemen were doing nothing other than trespassing over other's lands from their ranch to their destination. There came a time in our nation's history known as the "Range Wars". In defense of the ownership of real property, fences were built. When it came time to drive cattle to market, these fences blocked the way. Why do we not see cattle being driven to market in this fashion anymore?

Progress and change.

The Range Wars were fought over those fences. Fences were the problem, but progress was the reason the fences were built. Population increased, land ownership increased, land ownership rights began being enforced. The Range Wars were fought over the changes that ultimately result from that progress. Things that were not there in the past, were there at a later date.

That is your problem now. Progress and change. The thing not there in the past, will be there in the future. Your entire sufferage and complaint, is based on nothing other than precise same progress and change.

Within the nearness of the sounds of every ambulance, fire engine and police siren made, winding and whizzing through the interchanges, as being familiar and acceptable sounds to you and your life. Basically, you are only complaining of new and different sounds....and of the inevitable change and progress that engulfs us all.

 

[seniorjudge]

Folks, read all of homer's posts.

I think we have been had.

This is hoax.

Ha! Ha! Very funny, homersimpson, you fooled us all!

 

[homersimpson]

First off, it was my grammatical error (placement of the word "contends") in trying to type to fast (brain before the fingers !). I should have said:

The management/realty company contends that they do not own the land and "knew nothing". . . .

I was only going on what I understood to be the truth at the time. Shame, shame on the LL for lying. . .In a subsequent post, I did say "apparently" when referring to the owners of the land.

Permits. . .my thoughts exactly. You don't get permits overnight !

Florid-aise. . .your analogy is eloquent and well stated, but I think a bit antiquated. I understand change, but I would hope in this day and age that one might be informed of such a major disruption before it began. After all, I hope we are a little more civil today than we were in the past. My frustration is not that I think people that I don't even know think I'm stupid - trust me on that - I'm just don't care for the silly comments that add nothing to the forum.

Senior. . .I don't understand what prompted the "hoax" comment. I'm just trying to gain some knowledge in an area that is in no way my expertise. I can only go by what binds my lease. Again, this area is vague. No zebras allowed, then I suffer the consequences for having a zebra if I so choose. But "any condition that deprives the tenant of a substantial portion of the benefit or enjoyment of their rental property. . ." I came to this forum and have consulted local attorneys because who the heck can accurately define those parameters ??? I assume leases are written by LLs.
Another misconception here is that noise is the only issue - it is not. To me, the effect on job performance is the most important. I'd hate to do anything to harm any of my patients - no debate there I'm sure. (Then I'd really be on the legal advice boards !!) Have any of you had to work for 24 or 32 hours straight ?? If so, then you know how important sleep is when you finally have the opportunity to get it. The effect is a reality - I'm not complaining that I can't get my 10 hours of sleep. I'm falling asleep in the car, the OR, and on the floors. Other issues, such as parking, cleanliness, etc., although still important, are secondary.

I'm not trying to scam out on a lease. I upheld my bargain and I think the realty co. should do the same. I know morals don't count in a court of law - I'm just trying to exercise my legal rights as a tenant within the scope of my lease. I think I have done that. I have tried to work out something to avoid going to court, but I couldn't even get a response from the LL until I sent them the second of three certified letters. They did not respond to my complaint after 15 days, so as per the lease, I terminated the agreement.

Stick around and see how it works out !

 

[Florid-aise]

What I did Homer, when offering that analogy was to hold a mirror to your face momentarily. Admittedly, an old and dusty mirror. This mirror serves two functions; you can focus on yourself and your problems, and you can unfocus on them or refocus to those things over your shoulder too. Both options are available, the decision is and will always be yours.

I suppose that differing mindsets rather than legal principles may also be at work here, in my estimation. You, in the North, have no qualms about placing deed restrictions or covenants forbidding homeowner's to have pick-up trucks in their own driveway of their own homes. Me, being a Southerner, just want to have my rifle in my rifle-rack in the back of my pick-up truck, and for my neighbor and Big Brother to just leave me alone. Keep up with the Jones's? I don't even want to know what the Jones's have.

I readily admit that were a murder of crows to decend upon your windowsill and take residence there; that may be sufficient to qualify under the vague language of the statutes posted. It is certainly no more clear than your present query. When you say "I would hope in this day and age that one might be informed of such a major disruption before it began."; my personal (certainly not legal) opinion, is that is an unrealistic expectation; even in our more modern, civil world. That is all.

 

[seniorjudge]

"Me, being a Southerner, just want to have my rifle in my rifle-rack in the back of my pick-up truck, and for my neighbor and Big Brother to just leave me alone."

I'm tellin' ya: this is a hoax.

Pay no nevermind to anyone who lives north of the Ohio and east of the Mississippi....It's dismal country.....

 

[Florid-aise]

"Me, being a Southerner, just want to have my rifle in my rifle-rack in the back of my pick-up truck, and for my neighbor and Big Brother to just leave me alone."

I'm tellin' ya: this is a hoax.

Pay no nevermind to anyone who lives north of the Ohio and east of the Mississippi....It's dismal country.....

I'm gonna have to trust ya on the hoax thing.

But as to the Ohiah and the Mississip - cain't I just dream fer a spell? That all of God's chill'n would come to thaya senses?

 

[Who's Liable?]

Get over it!!! and buy some friggin' ear plugs!!!

 

[homersimpson]

AHHHHHH. . .now I get it. . .Southerners. It's all starting to make sense now.

Who's Liable?. . .Earplugs. . .What a fantastic idea !! I only wish someone would have suggested this sooner. The next time someone has a gunshot blast to the head, I'll suggest a baby aspirin for his pain. Brilliant.

Blond Lebinese. . .Thank you for ending your replies here.

Seniorjudge. . .watched any Oliver Stone movies lately ?? I don't understand what the issue is here. . .

Florid-aise. . .thank you once again for overstating the obvious with another elegant analogy. Differing mindsets ?? Possibly. I absolutely agree, even as a "Northerner", that Country Bumpkin Joe should be allowed to have a pick-up truck in the driveway of the house he owns. I don't make the laws, I just abide by them. If you were aware (or not) of the "No Pick-ups in the Driveway" law when you bought the house, then obey the law, or move. Simple, right ?? If, however, after you bought the house, a new "No Pick-ups in the Driveway" law is enacted, and you drive an El Camino (which, being a Southerner, is highly possible !) does that constitute a pick-up ?? What does the law say ?

The reason I came to this forum was to further educate myself and seek "advice" to help determine who and/or what, defines a "pick-up truck' or, in my case, substantial deprivation of personal enjoyment.

Although I disagree with the comparison of my situation to the murder of crows on the window sill, I would expect that no reasonably prudent person would agree that 1) the tenant would be deprived of a substantial part of the personal enjoyment of their rental property, or 2) that the LL could somehow be responsible for their taking residence there. Talk about common sense. . .But then again, hot coffee in the crotch is worth millions !! You are correct - the statute is vague. This reinforces my point.

I am sorry that some of you think this is a "hoax". I enjoyed the debate. I will certainly follow up with a post as to how this turns out. In the meantime, grab Brenda Sue, Cleetus, and Skeets, load up the pick-up truck, and head out to the ho-down and have a great time !

Regards

 

[seniorjudge]

"...murder of crows...."

Here, murder is not a verb.

That's all I'm saying.

I am one dumb hillbilly.

And proud fer it.

 

[Florid-aise]

I am forced to respond briefly.

Homer, Ouch ! Little too close to home for me....literally.

Even I didn't realize just how bad a case of "Southern" I have until just recently. My heart just sank before Christmas when not too many streets from mine, the twin El Caminos were towed away (up on blocks too, mind you), when the tenants there had been evicted. Now I don't even know where they are !!

Here, murder is not a verb.

ROTFLMAO - I cain't hep it.