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I am living in a three-bedroom apartment with three roommates. Each of us signed a separate lease, and there is no mention of other roommates in the lease. Two of the roommates are married, and even in total they pay less than what the other roommate (I will call her Anna) and I pay after making a deal with the landlord about taking care of the apartment.
The fact that the couple has a close relationship with the landlord has caused problems before. However, the last straw for Anna and me was when the apartment went under construction without proper notice. The wall had water damage, so it had to be dried out. Without proper warning to keep the bedrooms closed or take out personal items from the common areas (living room, kitchen, and restroom), the living room, kitchen, and restroom walls were broken down, and all the items were packed up and moved to one side. The biggest problem is that there are seven huge fans running full time, all day and all night, for three days, blowing up the dusts everywhere. It's so dusty that my throat remains sore, and we have to keep the windows open in cold weather. We cannot even use the restroom or kitchen, with all of our stuff dusty and taken away. The machines are so noisy, with decibel level around 7-10 dB, and the landlord said we can turn in off for a couple of hours. However, the repairman said we can turn in off at the risk of messing up with the dry-out, and we're scared to do so. (Also who would just turn off the machines for a few hours in the middle of the night, get up, and turn them back on?)
I complained about this situation, and the landlord argues that the condition is "extremely uncomfortable but still livable." I asked if they could accommodate us to a nearby hotel or at least give a discount, but he said we need to suck it up because "this kind of things happens and the construction is good for you." I am trying to leave this apartment, but our lease is not over for another 10 months, and the landlord has our safety deposit which will not be given back if we break the lease. My roommate Anna and I both want to leave, but I think the couple will try to stay because they're basically paying only half the regular price.
I think there are two potential ways in which we can attack this problem. Do you think they are both valid? If so, which will give a stronger case?
1. I heard it is illegal to have separate leases under one apartment without mention of the other people. However, I am paying the rent for a little more than 1/3. Is it still illegal? Also my copy of the lease doesn't have the landlord's signature.
2. There is no specific mention of accommodating the tenants in case of construction in the lease. Is it still illegal for them to treat us like this? I have photos and videos taken, but should I collect more data?
Wouldn't life be so much better if landlords never repaired anything? So rude to disturb you with an emergency repair.
The repair as described does not make the house uninhabitable and it had to be done. No notice is required for emergency repairs and water leaks count as an emergency.
If you want out, just pay the lease break fee and go.
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