The owner of house didn’t notify constructions in front of my rental house.

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The owner of house didn’t notify constructions in front of my rental house.

I signed to rent a house on March and we are supposed to move in to the house June 20. I dropped by the house today (May 30), but I saw that three houses are constructing in front of the house. (my rental house is 608 Cedar Dr. But 607, 609, 611 are building). I am really worried about noise and dust because my baby has dust allergy. The problem is that I didn’t get any notice from the owner of the house. I think they have to give us notification about the constructions. I deposited one month rent fee. If possible, I’d like to break the contract and get refund my deposit. Is it possible?

Asked on May 30, 2009 under Real Estate Law, Virginia

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I doubt that there is anything that you can do about this, if you didn't give the landlord notice of your child's dust allergy before you signed the lease.  If the noise and dust from the construction sites are unusual in some way, you might be able to get some relief from the health inspector or someone like that, but otherwise this sort of thing is a fact of life, and not something a landlord has to fix -- particularly if the landlord doesn't own the properties where the construction is taking place.

So, unless you're willing to lose your deposit, or your landlord is willing to give it back (there's no law that says you can't ask!), you're going to have to deal with this, I think.  If there are other facts that have something to do with this, or you want to have firm advice to rely on based on the whole situation, you should talk to an attorney in your area about this as soon as possible.  One place to find a lawyer is our website, http://attorneypages.com


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