Kissimmee, FL asked in Construction Law and Landlord - Tenant for Florida

Q: They are building a new complex next to mine, the Construction often starts at 5am. I don't want to pay my full rent.

It's been going on for nearly 2 years now. Theres always dust in my apt, i cant ooen the windows etc. BUT Since the holidays they have been starting Construction at 5am a few times per week. Other tenants here have called the police but it still happens. I have videos and photos of the Construction and noise. They just raised my rent again too and I just feel like this is not okay.

1 Lawyer Answer
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA

A: I understand your frustration with the ongoing construction and the negative impact it's having on your quality of life in your apartment. The early morning noise, dust, and inability to open windows are all valid concerns. Here are a few steps you can consider taking:

1. Review your lease agreement: Check if there are any provisions related to your right to a habitable and peaceful living environment. Some leases may have clauses addressing construction-related disturbances.

2. Communicate with your landlord: Write a formal letter or email to your landlord, explaining the situation and how it's affecting you. Request a rent reduction or other form of compensation due to the ongoing disruptions. Be sure to include the evidence you've collected (videos, photos, etc.).

3. Check local noise ordinances: Most cities have noise ordinances that restrict construction activities to certain hours. If the construction is starting at 5 am, it may be violating these regulations. You can file a complaint with your local city or county officials.

4. Seek legal advice: If your landlord is unresponsive or unwilling to address the issue, consider consulting with a tenant rights attorney. They can advise you on your rights and potential legal remedies, such as rent withholding or breaking your lease early due to the uninhabitable conditions.

5. Join forces with other tenants: Coordinate with other tenants who are also affected by the construction. Collectively, you may have more leverage when negotiating with your landlord or pursuing legal action.

Remember to document all communications and keep records of the disturbances. While the process may take some effort, you have the right to a livable environment and fair compensation for the ongoing disruptions to your peace and comfort.

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