Merrimack, NH asked in Education Law, Landlord - Tenant and Personal Injury for New Hampshire

Q: Can I sue college for inhabitable dorm conditions?

My daughter is living in a college dorm and there is an intercom system in the building. Each room has a ceiling speaker that is very very loud. The speaker comes on every night and a scary clicking sound like a horror movie comes on. You also hear people talking in the background and sometimes student RA s get on and make jokes all around 2-3am. At first it was just a passive issue. Now my daughter calls me up crying in the middle of the night because of being awoken by this noise that even me as a grown man would get freaked out by at 3am. I ve called furiously to speak with the security that manages the office day after day and they just keep saying "sorry the button was stuck". I've spoken with the managers of the building multiple times and all they say is that they will look into it. I have since pulled the speaker down from my daughter's ceiling and disconnected it and then re-screwed it in. Can I sue the college for this problem for restlessness and decreased grades?

1 Lawyer Answer

A: Yes, you most likely could. All lessees of real estate, including students in dorms, have a right to the quiet enjoyment of their residences.

Now, as a practical matter lawsuits are very expensive. It could easily cost $2,000 just to file such a lawsuit. If it went all the way to trial, that cost could rise to $10,000 or more. Therefore, many people would seek alternative means of resolving the issue, such as dealing with the housing administration at the college directly, or trying to get a change in dorm.

Joseph D Garrison agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.