QUESTION

Can I get out of a lease because of a new prop co buying apt cmplx and turning it into a construction zone, tearing out pool, machinery noise etc...

Asked on May 03rd, 2024 on Landlord and Tenant Law - Michigan
More details to this question:
I rented this apt Dec 11, 2023. New prop co bought late Mar 2024. They have turned the whole place into a major construction zone. New cement, stairs, doors, excessive heavy machinery noise all day every day for over a month. No heads-up that this was coming. Dangerous piles of debris, holes, equipment, nails, sand blasting, walkway, obstacles, loud workers. Tearing out pool, etc... It has been a nightmare, loud noise all day, grit and dust everywhere. Obstacles walkways, parking, etc... I'm just wondering if I can get out of my lease and move, are they in breach of my lease, such as peace and quiet, safety, agreed amenities such as a swimming pool that they are tearing out today. Could they be responsible for my new moving expenses and legal costs? Thanks for any help you can offer me!
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1 ANSWER

Real Estate Attorney serving Bloomfield Hills, MI
Partner at Borman-Lahti PLLC
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Every lease comes with a implied right of quiet enjoyment. This could be grounds for holding them in breach of the lease. You have to send them written notice to that effect. I assume most of the work is daylight hours for the real noise but your after hours enjoyment seems curtailed. Send the demand in writing and see how they respond.
Answered on May 05th, 2024 at 5:26 PM

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