What to do if my rental is next to commercial property which has expanded its useand now I have constant intrusions onto my property?
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What to do if my rental is next to commercial property which has expanded its useand now I have constant intrusions onto my property?
The apartment rental I have now is next door to landlord’s car dealership. It was small when I moved in, however the landlord has now turned his other property on the other side of the house into dealership property as well. Now the house is now completely surrounded by. Cars and trucks coming to the dealership are constantly speeding in and out of the residential driveway. People are always walking onto the rental property as well. Vehicle and car parts are stored there as well. The view out of 2 of my windows are notning but trucks. The noise from the people/traffic never ends.
Asked on July 5, 2011 under Real Estate Law, Connecticut
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
In every lease their is an implied right to "quiet enjoyment". This means that a tenant has the right to the peaceful and undisturbed use of the rental premises. In your case, due to the expansion of the adjacent business (assumably without your knowledge prior to your taking occupancy), this right has been breached. In such a situation a tenant basically has 2 options: withhold rent until the condition ceases (from action taken by either the tenant or the landlord) or terminate the lease. Under your specific set of facts the first option appears neither reasonable nor likely. However, ending your lease and vacating the premises does. In such an event, you could hold your landlord liable for reimbursement of any expenses incurred as a result of a move.
Note: Before undertaking any such remedy you need to consult with an attorney who specializes in these matters or at least speak with a tenant's rights advocacy group. Not following the correct legal steps for a lease termination can result in liability for you.
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