Here's the problem... I live in an apartment complex and they've just begun construction on a hotel in the lot next to my complex (It's on the complex's grown, somewhat of an extension of the condo's, but for out of towners to stay only a few nights at). They are throwing up a hotel (the same people that own my apartment complex - part of the residential). No where in my contract do they have a construction clause for this and the noise is UNBEARABLE .... It starts at 7:45am and it sounds like a freaking lawnmower right outside of my window. It wakes me up every morning and doesn't let me nap in the evenings. I'm a college student, so I'm up all night studying and somewhat suffer from insomnia due to my off sleep patterns. Now I rarely get any sleep at all. I'm thinking that something can be done on my part because now they are trying to get everyone to renew their lease and now threw in a construction waiver (I guess so that no one can complain). What can be done? Can I request to be moved to a unit where noise isn't an issue? I want to know what my legal rights are as a tenant here paying top dollar for this crap (construction noise all day).
There may be State or Locals that give additional protection, but tenants have a common law right to "Quiet Enjoyment". You would probably have grounds to get out of your lease, but not the automatic right to force them to move you to another apartment. You need to contact you Landlord and explain your situation and see if you can work something out. If you can't come to an agreement, your option would be to pursue getting out of the lease and move elsewhere.