Zwicker101 t1_jcfv8dw wrote
Reply to comment by CCIRMAJOR26 in My “luxury” apartment buildings trash compactor is next to our apartment, wakes me up all hours of the night, and the building refuses to do anything. What should I do? by CCIRMAJOR26
Genuine question: Did you tour the apartment before moving in?
CCIRMAJOR26 OP t1_jcfvz9u wrote
We had to tour a model unit on the top floor because there was a tenant in our unit at the time. It’s a nice apartment outside the noise, so maybe that should have been a red flag
Zwicker101 t1_jcfw9ri wrote
Ok so you didn't go in completely blind but they did pull something fast on you. I agree it sucks and that you should have asked about location of these items (obviously hindsight 2020).
I would suggest using DC's noise laws to counter it.
CCIRMAJOR26 OP t1_jcfwty5 wrote
Yeah there’s something called the covenant of quiet enjoyment that the building is certainly violating
Zwicker101 t1_jcfwws8 wrote
Absolutely.
Frndlylndlrd t1_jcg1bwc wrote
Maybe, but the quiet part in that doctrine doesn’t refer to noise specifically, if I recall correctly.
Can you ask to transfer apartments?
drunktaylorswift t1_jcg7jkk wrote
> the quiet part in that doctrine doesn’t refer to noise
wut?
fvb955cd t1_jcgcchc wrote
It is a legal term with a scope that varies by Jurisdiction and type of agreement. For rentals, another way to say it is an implied warranty of habitability. Reasonable surrounding volume is a part of it, but its a very Jurisdiction and fact specific matter, and also covers things like working plumbing and electricity, the right to exclude others from your rented space, that no one else is also renting and using that space, and basic cleanliness of space controlled by the landlord.
Where it has absolutely nothing to do with volume or noise is in real property purchases. Real property comes with a covenant of quiet enjoyment if the seller is promising that there aren't any claims against the property, no disputed ownership of it, no liens, etc. You could sell a house stuck between a rooster farm and an open air flashbang grenade testing facility and have it still meet the requirements for a covenant of quiet enjoyment
Frndlylndlrd t1_jcgaizz wrote
It can include quiet in the literal sense, but it includes many different things relating to calm/peace rather than to noise. And exactly how much literal quiet it means is not black and white.
DiceGames t1_jcfxbqa wrote
Leasing an apt sight unseen is always a red flag for me. Usually the current tenant can consent to a tour. If not, I either need to see it they day after they move out or find another apartment. Too many risky variables like noise, views, light, etc.
[deleted] t1_jcgwt7k wrote
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Professional-Can1385 t1_jchth5x wrote
That's how it worked with my last move. It was during the pandemic, so no one involved wanted me touring a stranger's apartment. I knew the layout (I already lived in the building) and was going to move in tour or not. But the apartment manager gave me the keys when the apartment was ready so I could tour it on my own. He gave me the lease to sign after I saw it.
DiceGames t1_jciup3b wrote
I just don’t consider those apartments. Most allow for viewings in my experience. It’s unreasonable to expect me to live somewhere for a year without seeing it.
lelisblanc t1_jcg03ml wrote
This seems obvious now to people accustom to these bigger apartment buildings, but we'd just moved from ATL where gated apartments were much more common and the trash compactor was by the exit of the community so it never crossed our minds!
Zwicker101 t1_jcg09zd wrote
Very much so! I personally think it's something that you say, "Hey. We should have done our research more but let's see what we can do to resolve this."
lelisblanc t1_jcg120z wrote
I agree, we took it as a lesson going forward. Especially since as management in these areas seem to have high turn overs and care much less than our primary apartment management in ATL (who worked there for like 9 years, crazy!) .
OP can obviously do more and probably argue for other hours. I'm just trying to provide them a reasonable way forward. We just picked and chose our battles cause we were going to move apartments anyways.
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