If you spend time walking, riding, or driving through San Francisco’s busy streets, you know construction is always ongoing in the city. Construction in or near your building may disturb your peace and quiet, and sometimes that’s unavoidable. But while landlords have a right to undertake construction and remodeling, this right is not without limits. Tenants have a right to a peaceful place to live free of disruption. When your landlord does construction work that interferes with your ability to use and enjoy your home, you have rights.
If construction work is making your rental unit unlivable, contact the tenant's rights attorneys at Wolford Wayne for additional information.
In a landlord-and-tenant relationship, each party has rights and responsibilities. For tenants, this includes the right to enjoy their rental home without unreasonable interference, known as the right to quiet enjoyment. This right is implied in every residential lease, even if it is not written in the document.
Landlords also have a responsibility to provide a habitable rental unit, which means that the unit must meet local safety and health codes. Occasionally, this obligation means a landlord has to undertake construction work or repairs in your unit or other units in a building. However, even when repairs are needed, landlords must respect a tenant’s right to quiet enjoyment of their home and take steps to limit construction noise in the building.
Constant loud noises can make working, living, and sleeping difficult. For people who work or attend school remotely, excess noise can interfere with their job or classes. During the COVID-19 pandemic, when remote school and work became common, we saw a huge rise in landlord-tenant disputes related to disruptive construction noise.
When construction happens, a certain level of noise is to be expected, but how do you know when construction becomes unreasonable? This can vary, but some important factors are:
Short-lived, minor construction work is likely not enough to warrant filing a lawsuit, but where projects drag on, are handled improperly, or cause substantial disruption, and your landlord refuses to address the problem, you may have grounds to take legal action.
When you can’t enjoy your home due to construction work, your quality of life can be significantly affected. If your landlord is failing to provide you with a safe, quiet place to live, you may have grounds to take legal action against them. The experienced tenant attorneys at Wolford Wayne will help you evaluate your potential claims and avenues for dealing with serious construction problems.
If construction is a constant problem where you live, speak to a skilled Wolford Wayne tenant’s rights attorney today.
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