We are in an office building where the landlord is doing massive construction below us. The noise is intolerable. We've asked repeatedly for it to stop, but are ignored. This has been going on for a month. I'm very confident noise is sufficient that any reasonable person (i.e. a judge) would rule we are NOT receiving "quiet enjoyment" as required by common law. So, wondering how much time I have to give in my breach letter for landlord to cease making noise before I can move out? Note, have been asking them to deal with this for more than a month (emails, phone calls). Have also recorded noise. This is a Class A building.
Look at your lease. It should set forth the number of days of notice that is required. Absent a provision in the lease, you would have to give a 10 day notice, IN PROPER form, alleging the violation and requiring the landlord to correct. It is called a 10 day notice because the Landlord has 10 days from receipt of the notice to correct the problem. Moving out could open you to claims for breach of rent. The safe course would be to sue the Landlord (after the notice period has run), requesting that the Landlord be held in violation of the lease and requesting that you be released under the Lease, that the Landlord has to reimburse you for the additional costs incurred through their actions and damages. See an attorney
The advice given is general for information purposes only and should not be relied on. You should consult with an attorney of your choice to fully advise you about your legal rights and obligations.
Your answers can probably be found in your lease. Check for a landlord default provision and check the remedy sections. Washington, like other states, has an implied covenant of quiet enjoyment in each lease. If the noise is intolerable and unreasonably disrupts your business, it is probably breached. However, many commercial space leases waive this covenant. Before deciding what to do be sure to have your lease closely reviewed.
I agree with the previous answers and your lease will spell out the terms. You have the burden of proof to show that your tenancy has been damaged.
Only If and until you and I sign an Agreement for Legal Services, I am not your attorney. These answers are provided for informational and/or novelty purposes
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline