Hi, when my interior renovation was done, our house could not be occupied because l my outside project was stopped by the city to allow neighbor space to reconstruct an illegal structure city discovered ( neighbor themselves called the city which led to discovery)
We waited for 7 month to reassume our exterior project. We could not rent it out, could not get refinance, could not move in, because the outside was a mess and hazardous to be a living condition due to the stop work.
Is this called delay damage? What laws would be applicable to this case? we are in California. My previous attorney never asserted any laws would be applied to this.
You do not provide enough information for me to give you a definite answer. Nonetheless, your hypothetical has elements of a nuisance claim.
Generally, a nuisance is a substantial and unreasonable interference with a private individual’s use or enjoyment of property which he actually possess or to which he has a right of immediate possession. Here are the California jury instruction for nuisance: https://www.justia.com/trials-litigation/docs/caci/2000/2021.html.
This biggest issue with the hypo is whether the interference with the property is unreasonable. If the city has a good reason to stop you from using your property, then the interference might be reasonable. To be sure, consult as real-estate attorney about your situation.
Best of luck.
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