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Old 05-10-2009, 01:11 PM
 
1 posts, read 1,255 times
Reputation: 12

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I work the 11:00 p.m. to 7:00 a.m. shift at a medical facility for the elderly. I need to sleep days. Now my landlord wants to start doing some construction on the home I have rented for the past 10 years (never ever been late with rent). I wear earplugs but banging and such can be heard and I cannot sleep. I want to know what I can do legally so that I may get the sleep I need without hearing hammering. I have requested also that she give me 24 hour notice before coming on the property but to no avail. Her workman show up unannounced whenever they want. I am exhausted. And, I give meds to my patients and need to be alert. Please help me find a solution so that I may perform my job efficiently. Thank you!
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Old 05-11-2009, 08:13 AM
 
28,115 posts, read 63,731,080 times
Reputation: 23268
Those pesky Landlords... always trying to fix and maintain the property

Seriously... work, unless emergency in nature, has to be done during normal business hours and most cities define this through their building departments...

Second, the owner must provide propert notice prior to entering your home...

Do you rent a single family home? Multiple Unit premises are subject to more activity outside your control,

I would let the owner know when within the allowed time frame for construction would be good for you. Perhaps the construction can be schedule to coincide with your vacation. Is there anytime when you will be away?

Your city building department should be able to give you specifics... as in no noise producing work before 7am or after 7 pm Monday through Friday with similar restrictions for Saturday.

I have family members that worked night shifts for years and it was always a problem... for several weeks one of them couldn't get any sleep till she went to a friends home... the city was replacing a main sewer line in the neighborhood and the jack hammers and big trucks and blocked streets lasted almost 2 weeks...

Last edited by Ultrarunner; 05-11-2009 at 08:30 AM..
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Old 05-11-2009, 08:45 AM
 
Location: SoCal
14,530 posts, read 20,152,423 times
Reputation: 10539
One question: How many days will it take to complete this job?

I have just a few comments on practicality:

If it is a multi-unit building the other tenants are going to complain if the work is not done during the normal daytime hours. Same thing for week day vs. week end.

Most jurisdictions have regulations specifying which hours and days construction work is allowed. This is not only for tenants but also for residents of nearby properties.

I agree that the owner must provide the tenant with advanced notice of entry to rental unit. Does this require one notice for all the work, or must the tenant be notified each day even in a multi-day job? (I suspect it's the former.)

Are there any laws covering rental units or properties where the landlord must provide other emergency housing during construction that would be extremely disruptive? If the OP isn't experiencing extreme disruption then I don't know what else it could be. I sympathize with the OP.

I'm wondering if there even is a solution to this problem, except of course moving. Depending on the expected duration of the work the tenant might be able to get legal relief from the lease term provisions.

Please note that everything I've said here is speculation, other than there are usually laws covering when construction work is permissible. Good luck OP!
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