Excessive construction noise & breaking a lease (real estate, apartment)

[RecentlyMoved]

I've searched around online and on the HUD of NC website. I don't see anything re: NC state laws.

Does anyone know if excessive construction noise (across the street) is a valid reason to break a lease without penalty on an apartment? We didn't know about the upcoming construction across the street when we signed the lease. But it started less than a month after we moved in. So the apartment management surely would have known about it (it's a major corp.), but didn't disclose it to us.

[C_Lan]

What time are they starting and stopping? There are noise ordinances that you can look up that need to be followed. You may be able to force more manageable hours if that's any help.

[RecentlyMoved]

they aren't breaking noise ordinances. But I work from home and it's an issue when I have to be on conf calls. Meetings aside, it's just not a peaceful environment.

[twingles]

If you go to the real estate forum here they have a link to the rental laws for each state. Good luck that stinks!

[RecentlyMoved]

Originally Posted by twingles

If you go to the real estate forum here they have a link to the rental laws for each state. Good luck that stinks!

thanks

[freshjiv]

Long story short, no, you don't have a valid reason to break the lease in NC due to noise.

[CHTransplant]

If the landlord isn't the source of the noise, how would you expect to be able to hold them responsible for it?

[RecentlyMoved]

Originally Posted by CHTransplant

If the landlord isn't the source of the noise, how would you expect to be able to hold them responsible for it?

My issue isn't that they're responsible for the noise, my issue is that they did not disclose the upcoming construction (literally 65-70 yards from our apartment) project to us in April, when we signed the lease. I spoke to the leasing agent several times about noise and my concerns about having a peaceful environment b/c I WFH. This construction site and project is huge and I doubt that they wouldn't have known about it in April.

[CHTransplant]

Originally Posted by RecentlyMoved

My issue isn't that they're responsible for the noise, my issue is that they did not disclose the upcoming construction (literally 65-70 yards from our apartment) project to us in April, when we signed the lease.

Makes sense - your challenge is going to be what's in the lease agreement you signed. My guess is that commercial landlords are pretty good at including a clause designed to avoid the possible "but the marketing agent told me" types of claims, such as: Integration clause - Wikipedia, the free encyclopedia

[Ed_RDNC]

Originally Posted by RecentlyMoved

My issue isn't that they're responsible for the noise, my issue is that they did not disclose the upcoming construction (literally 65-70 yards from our apartment) project to us in April, when we signed the lease. I spoke to the leasing agent several times about noise and my concerns about having a peaceful environment b/c I WFH. This construction site and project is huge and I doubt that they wouldn't have known about it in April.

Originally Posted by CHTransplant

Makes sense - your challenge is going to be what's in the lease agreement you signed. My guess is that commercial landlords are pretty good at including a clause designed to avoid the possible "but the marketing agent told me" types of claims, such as: Integration clause - Wikipedia, the free encyclopedia

I'm sorry for your problems, I too work at home, and stay up during weird hours.
Your issue doesn't seem to be actually with the construction, (as the manager can't control that), but rather their lack of disclosure. My question: how do you know that the manager knew about the pending construction work? I watched several contracting firms put up multiple clusters of condos nearby and construction started and stopped several times over a time period well over two years, (weather, job priorities, financial availabilities all had delaying factors).

RE: Your lease: You need to remember that in today's business environment, housing, cars, etc. The law says that what's written is the only binding agreement. I'm told that verbal can be equally binding, but it's nearly impossible to prove unless it's backed up in writing.

The only real factor that you can control, is checking on the soundproofing of any apartment you get. Take along a boombox and try out some loud music before you sign any leases. Other than that? Ear plugs our sound-deadening headphones (what I use).