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Old 08-01-2018, 09:13 AM
 
Location: Greenville, SC
227 posts, read 247,052 times
Reputation: 209

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I'm at my wit's end.

I have been living in a high rise for the past 4 months. 2 months into my lease, major construction began. One month ago, the construction moved to my area in the building and almost every single day, there is major jack hammering, as the building is made of concrete. The construction has also caused them to block off my access to the balcony and they have put some sort of plastic over the floor-to-ceiling windows so I can't even enjoy the view, which is of the beach.

I am livid. I have never had an issue with a landlord, but my current one is a total jerk. I am paying a lot of money for the rental due to its proximity to the ocean, yet I can't enjoy the balcony at all. It's also concerning that they have actually prevented me from accessing the balcony (they put an object between the door and balcony bars so I can't even open the door). I also have a feeling my landlord knew about this and didn't tell me prior to signing the lease.

I have asked my landlord when the construction will be completed and he said he didn't know and its obvious he wasn't concerned about finding the answer. I live in Florida and I don't know if I have the option to break my lease due to this. I have been very patient, but after listening to jack hammering for 4 weeks, not having access to my balcony, and the construction doesn't appear to be ending anytime soon, I just want to get the heck out of there.

Can anyone offer support or advice?
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Old 08-01-2018, 09:47 AM
 
Location: The Triad
34,088 posts, read 82,920,234 times
Reputation: 43660
Quote:
Originally Posted by fernweh View Post
I have been living in a high rise for the past 4 months.
2 months into my lease, major construction began.

One month ago, the construction moved to my area in the building
and almost every single day, there is major jack hammering...

Can anyone offer support or advice?
1) Find something else to do during the day so you aren't there to hear it.
2) Ask the LL to move you into the finished area without the noise.
3)Find a new place and move because of it.


As regards getting your SD back and/or not facing penalties...
this will ultimately (#3) come down to what a JUDGE believes to be reasonable.
You'll still have to pay all the expenses to move another SD etc until that happens.
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Old 08-01-2018, 01:52 PM
 
Location: West Virginia
13,926 posts, read 39,275,326 times
Reputation: 10257
Nope ... How did you not know they were going to be doing this? BTW I having Jackhammering Every day since Monday... installing New H/C ramps just outside my bedroom UGH But Everyone was warned Last week!
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Old 08-01-2018, 04:04 PM
 
453 posts, read 409,862 times
Reputation: 486
Not having access to your balcony, which I’m sure cost you more money, should at minimum, get you some sort of discount.
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Old 08-01-2018, 04:16 PM
 
Location: Greenville, SC
227 posts, read 247,052 times
Reputation: 209
Quote:
Originally Posted by Katie1 View Post
Nope ... How did you not know they were going to be doing this? BTW I having Jackhammering Every day since Monday... installing New H/C ramps just outside my bedroom UGH But Everyone was warned Last week!
Because the landlord didn’t tell me when I signed the lease and like I stated, I moved in 4 months ago and construction began 2 months ago, which means it happened AFTER I moved in.
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Old 08-01-2018, 04:47 PM
 
Location: West Virginia
13,926 posts, read 39,275,326 times
Reputation: 10257
Takes a long time for building permits...so LL had to know. Did you get a 24 hour notice?
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Old 08-01-2018, 05:27 PM
 
Location: Greenville, SC
227 posts, read 247,052 times
Reputation: 209
Quote:
Originally Posted by Katie1 View Post
Takes a long time for building permits...so LL had to know. Did you get a 24 hour notice?
Nope. One day I just woke up to my balcony windows covered and the jack hammering outside. I found out about the construction when the building posted an announcement in the elevators. At that time, I questioned the landlord what it meant and he said it was for a different part of the building. He never said I would eventually be dealing with it.
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Old 08-01-2018, 05:48 PM
 
Location: Long Island, NY
1,898 posts, read 2,834,779 times
Reputation: 2559
I see nothing in the Florida statutes that require a landlord to inform a tenant of pending construction projects that are not within the tenants rental unit. You can ask the landlord for a proportional rent abatement due to your temporary loss of the balcony.
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Old 08-02-2018, 01:16 PM
 
Location: North Idaho
32,634 posts, read 47,975,309 times
Reputation: 78367
Check your lease to see if you can pay a lease break fee and move. Generally, courts aren't going to allow you to leave for free without notice just because the landlord is repairing the building.

The work isn't even going on inside your unit. I don't think you will get anything for loss of use. Whatever is being fixed, you will eventually benefit from that.
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Old 08-02-2018, 07:31 PM
 
9,952 posts, read 6,665,261 times
Reputation: 19661
Quote:
Originally Posted by oregonwoodsmoke View Post
Check your lease to see if you can pay a lease break fee and move. Generally, courts aren't going to allow you to leave for free without notice just because the landlord is repairing the building.

The work isn't even going on inside your unit. I don't think you will get anything for loss of use. Whatever is being fixed, you will eventually benefit from that.
The OP has lost the use of his beach view balcony, which is presumably why he got that unit in the first place. I assume that he is paying a premium for the beach view over the non beach view units and now he can’t a) see out of the window or b) access the balcony at all. It seems like there should be some proration for a loss of use for the month or however long it is that the balcony is not accessible.
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