I signed a 14 month lease on a luxury apartment on February 6th, 2017. The amenities that were listed for my specific apartment were "Wooded View," "Top Floor," and "Hard Wood Floors". I was told a wooded view cost more and that nothing would be built on the wooded lot before deciding to choose the apartment (I was told this over the phone so I unfortunately I do not have this in writing). Less than a month into my lease construction has begun on the wooded lot behind the apartment (M-F 7AM-6PM), all the trees have been taken down and it's extremely loud as it's right outside my window. No one informed me that this construction would take place. I contacted the property manager who said he didn't know when the construction would begin which is why I wasn't previous informed, he also said it was another apartment complex building a building there and it would take 13-18 months! The entirety of my lease. I work from home occasionally and I have certain days off. I suffer from anxiety and can't even have peace and quiet, making it difficult to live here. Let alone the amenity that caused me to choose the apartment is now gone within a month of moving in. What are my rights here?
I suggest that you share a copy of your lease agreement with a contracts, real property or landlord-tenant lawyer for precise confirmation as to whether the oral promise of no construction is enforceable; if there is an integration clause in the lease that excludes agreements or modifications not expressly found within the four corners of the document (or in a subsequent signed modification, supported by consideration), the promise made over the phone is not enforceable. Also relevant is ownership of the neighboring lot; if your landlord/property manager does not own or control such lot, it legally cannot guarantee that no construction on that property will ensue. If your landlord does own or control that lot, however, things might be different if the promise could somehow be found to be enforceable. It is not possible to answer these questions for sure without examining your lease agreement and the deeds to the adjoining lot. Use Avvo's "Find a Lawyer" feature if needed.
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