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What can I do about careless construction next door in Isla Vista, and is there any legal means of reducing rent because of it?

Goleta, CA |

There is construction next door Monday-Saturday (literally 5 feet away for the whole length of the house), they begin as early as 7AM is this legal? They have blocked our driveway on multiple occasions and would not move, they move their fence a few feet over our property line every day after being told to move it back, we ask them to keep the dust down but they don't. Nails, dirt, sawdust, trash and cement and are in our sideyard, and on 3 of our cars there are hardened cement spots. We brought 1 car quote for over 2500 and got cursed out. The owner, landlord, and construction company is owned St. George, he owns over 90 houses in Isla Vista and acts as though he owns the whole town, what is the best way to approach this issue and is there any way to get reduced rent.


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Attorney answers 2


The County of Santa Barbara allows construction to start at 7:00 a.m. (see the link below, section 9.16.015)

You may want to look into the City of Goleta's guidelines to see whether or not they are conflicting.

Without having more information concerning the construction permit I cannot recommend the "best way" to approach the landlord. However, if the construction next door is being performed at the request of your landlord you can certainly discuss an abatement of rent due to the inconvenience and disturbance of your quiet use and enjoyment of the property. With that said, I do not see any facts that detail a habitability issue, but rather more of a nuisance and/or trespass problem.

You may want to consult with local legal counsel and have a demand letter sent to your landlord. Best of luck.

The information provided herein (i.e. answers and/or recommendations to questions posted on this forum) is for general purposes only. The posting of this information by G. Michael Brelje, Esq. and the viewing of any posted information is not meant to create an attorney-client relationship and should not be construed as legal advice. If the viewer desires specific legal advice then the viewer is advised to consult with a lawyer in the appropriate jurisdiction and share the specific facts, supporting documents and evidence unique to viewer’s situation.


Many cities allow construction up to 7 days per week and from 7 am to 7 pm.
If your neighbor's construction is interfering with your tenancy, you need to contact you landlord and report it. You might also try contacting the city about the materials being left in your yard. If they damaged your cars, you will probably have to file suit against the neighbor and the contractors.

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