Tenant threatening legal action over adjoining unit renovations

Tenant threatening legal action over adjoining unit renovations

Member since 2018 · 3 posts · 0 votes

I am currently renovating two out of four vacant units on my property, and one of the tenants in the occupied units (not being renovated) has sent over a formal complaint regarding the noise that it produced, stating that it disrupted their quiet enjoyment of their space.

They are also alleging that I have rendered their unit uninhabitable, and that they are owed additional payment for this.

The one area where I made a mistake is trusting my contractors regarding permits, I asked them repeatedly if they were necessary and was assured that they were not, but the tenant called code enforcement and they had a difference of opinion. I’m currently going through the permit process now. Booking this one as a very annoying lesson learned, it always needs permits, even if you don't think it does.

While I understand that the tenant is upset, I don’t think that they have much of a legal leg to stand on - no work was being done in their unit, and I don’t think that merits much penalty from me. The one thing I’m maybe liable for is that I have to cut the rent by 1/3 for the days that the workers were present, which is also what I think is fair.

Am I correct in that is all the legal liability I currently face? Lawyers I've talked to seem to think that there is also the potential for a bad faith claim which triples liability, and that I started work without permits represents liability.  

- This is in Alameda county.
- All work was done during normal hours and following county rules around noise levels and when construction can be done. 
- No communal spaces were affected during the renovation.
- The city inspector looked over the work and has said everything is up to code - so no issues there I just have to get the permits processed. 

I would love to hear from anyone who has been through something similar, or has has similarly frivolous legal issues. 

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    • Theresa HarrisPro Member
      Member since 2019 · 15k+ posts · 11k+ votes
      5y

      When is work being done, what is being done, how long is it taking, and where are the units in relation to this tenant (eg above his unit)?

    • John UnderwoodPro Member
      Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
      5y

      I would not pay the complaining tenant anything. I would send them a notice that there lease will not be renewed when it expires. You don't want to keep tenants like this around. 

    • Investor · Marin County California · Member since 2018 · 1k+ posts · 2k+ votes
      5y

      It is doubtful that you have breached the implied warranty of habitability but of course I was not there to experience the dust and noise.  Typically, a breach of the quiet enjoyment clause allows the tenant to break the lease but I too have a hard time seeing what compensable damages the tenant may have experienced.  Has dust got into the apartment?  Does the tenant suffer from asthma?  Were complaints made before this letter arrived?  If so, how many?  Many open questions here.  One approach might be to ask him/her to itemize the specific damages they are seeking from you and see what the come up with.        

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