Q: I can’t sleep well for months because of the sprinkler alarm going continuously off in my apartment complex!
Hi! We live in this apartment complex since Jan 15, 2020. Our lease is for 18 months. When we first moved in the fireplace was broken and it took them a whole month to fix it. In Feb or March, the sprinkler alarm started going off continuously right outside my apartment. It keeps me up or wakes me up. They send the maintenance to turn it off and it goes off again. It’s been like that on and off until Sep. Then we asked them to either fix it or break our lease so they “fixed” it. And it’s been ok until Dec 16. It is now Dec 29 and the alarm is going off every day and I haven’t been able to sleep well since then again. They told us now that we can move to a smaller apartment with no sunlight or a house in their complex that has no balcony or fireplace and have to pay more rent since it’s more expensive. Moving will inquire more expense on our part since I will hVe to take time off work to pack and unpack and hire movers. Is there anything that can be done to make them fix the alarm?
A: Make sudoku recordings of the alarm going off. List the dates and times, and duration, of each time the alarm has gone off. Document all your complaints and length of tome this has continued. It seems to me you have the basis to declare the implied covenant of quiet enjoyment of the premises in your lease breached, which supports termination of the lease. If the landlord cannot place you in a suitable alternative apartment at their expense, then move elsewhere.
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