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We have been complaining about noise violations since June of this year and nothing has been done.

Trenton, NJ |

They are building more apartment units and the construction workers arrive before 6am. Sometimes servicing the port-a-john or delivering materials at about 4am. We've complained incessantly via email and face-to-face. We have requested to break our lease (which ends Jan 31st). and pay 30 days since the notice. They refuse to permit this. Our quality of life and health has suffered tremendously for the last year. What can we do?

Attorney Answers 3

  1. You need to go to the Township and make a formal complaint to them. There are Township ordinances that regulate When construction can start And when it has to end. If you do not get an immediate positive response from the Township, write to the freeholders of your County, your assemblyman and your State Sen., as well as the New Jersey division of consumer affairs, which regulates contractors and their actions.

    Attorney answers to questions are for general purposes only and do not establish an attorney-client relationship. There are always specific facts that are important for an attorney to review before providing advice to a Client. In no way should you rely on the response provided herein to conduct your legal affairs on your own. You should always hire an attorney before you rely on advice provided.

  2. My colleague's advice is good. If the construction is being conducted by the same entity which owns your buiiding; in other words your landlord, you can send the landlord a wrtiien notice stating that you are placing your rent in escrow until the construction is conducted within reasonable hours of the day. If the excessive noise very early in the AM disturbs your sleep, it could be grounds for a habitability claim; particularly if the construction occurs in violation of a city ordinance or state law.

  3. All landlords in NJ have an implied covenant of "quiet enjoyment" regarding the tenants they lease apartments/units to. All landlords have a legal duty to ensure that their tenants are able to enjoy their apartments in peace without disturbance. Now, a landlord can't do anything about a train that makes noise. Or an airplane. Or somebody lighting fireworks one mile away. But if (a) your landlord is taking affirmative steps to invite people onto the apartment complex and (b) they know its for the purpose of construction and (c) they know these folks will be making noise at a certain time and (d) the landlord knows they have tenants sleeping at this time in units they are renting out, then they may be infringing on this covenant.

    Your best bet is to contact the township and a local attorney.

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