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Can I sue the construction company for the loss of rent due to their construction next to my rental home?

Redmond, WA |

I have a rental home in downtown. There is a construction for 6-story apartment building next to the home. The project is 16 months. They've started for 2 months and my tenant just moved out to a different state. I've been looking for a new tenant for 2 weeks and my rent is ~$400 lower than the market. There were many people interested and contacted to see the house. But once I told them about the construction they didn't want to come anymore. Usually without construction, it's easy to find a tenant since the house is like-new and in a very good location. If I lower the rent more, I might be able to find a tenant. But I still loss a lot of income. Can I sue the construction company for the loss of my rent? If so, what are the proof and documents I should prepare? Thank you.

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Attorney answers 2


Your best solution may be talking to the Project owners or the city planning/zoning/council. Often before projects are given a green light the adjacent property owners are given an opportunity to express concerns. Maybe if nothing else, the Project owners would rent your property for some of their workers, it could be a win-win.

Every legal matter is fact specific, and there are often nuances in every case. This is intended for comment only, and does not create an attorney client relationship.


Although your question is tagged under the terms "Construction", "Constructive Eviction", and "Landlord/Tenant" the legal theory that may be involved here is "Nuisance", which is a close cousin to "Trespass." Those types of cases are very fact-dependent and numerous issues are likely to be involved.

I would recommend that you discuss these issues with an attorney licensed to practice in your state and familiar with these kinds of cases. They will be able to advise you on the specific course of actions you may want to take to address these problems with the construction company.

In addition, it might also make sense to reach out to the construction company to address these concerns; there may be other solutions to address your problems caused by the construction work without ever needing to file a lawsuit.

Mr. Possinger may be reached at 206-512-8030 during regular business hours or anytime by email at: All of Mr. Possinger's responses to questions posted on AVVO are intended as general information based on the facts stated in the question, and are provided for educational purposes of the public, not any specific individual. Any such response does not constitute legal advice and it does not create an attorney-client relationship. Mr. Possinger is licensed to practice in the State of Washington. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.

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