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CCIRMAJOR26 OP t1_jcfwty5 wrote

Reply to comment by Zwicker101 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

Yeah there’s something called the covenant of quiet enjoyment that the building is certainly violating

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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?

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drunktaylorswift t1_jcg7jkk wrote

> the quiet part in that doctrine doesn’t refer to noise

wut?

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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

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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.

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