Construction noise ruining quality of life!

[jkscott]

I recently sold my home and moved out of state.  My wife, our 2 kids ages 3 and 9, and I are living in a nice brand new 2 bedroom apartment in Colorado.  The plan was to explore Colorado and purchase a home once we found the right one.  We are currently in month 3 of a 12 month lease.

Last month, the buildings within my complex have begun going under major construction.  Again, these are new buildings and construction was said to be completed when I signed the lease.  Now, there are large machines all over the parking lot, constant hammering, beeping, and general disturbances from 8-5 Monday through Friday.  There is also now a large fenced in area outside my windows and building that reserves parking spots for the construction equipment and parking is an issue.  After speaking to management, it seems that the siding of the buildings needs to be ripped down and replaced - an issue they were not aware of when I signed the lease.  This includes having construction workers build a scaffolding along the apartment and literally work right against our windows and work on our balcony.  The time to complete each building is said to be "3 to 4 weeks".  Keep in mind however, there are 8 buildings or so in my sightline outside windows and certainly within earshot.  

With the constant noise, my 3 year old cannot nap, and I work nights and cannot sleep during the day.  I told management that a solution needs to be reached because the current situation is a problem for us.  They said they would call me back and I am still waiting for that call.  

What solutions do you guys think are fair?  I really don't want to move again or undergo the expense of moving.  The rent is 1,800 a month.  There are also garages available for 250 per month which would fix the parking situation but I currently do not have a garage.

Thanks for the help.

[obelisk]

Contact an attorney that deals with apartment leases for consultation and bring your lease with you.  The apartment management company most likely cannot do anything for you

The money spent on consultation will be well worth it.

[jkscott]

I hope it doesn't come to retaining an attorney.  I am hoping they offer a free garage until construction resolves and significant savings on the rent.  

[justme]

Considering the hours they are making noise are during normal hours I wouldn't think you'd have much of a legal stance, but I could be wrong. As you don't want to move, you're taking out the easiest solution which is to move to an area of the complex without the construction - if such an area exists. Negotiating the break the lease fees could also be a solution - even more if it's a chain complex, but entails moving.

Your best bet to get a solution is to go in asking for something specific. Waiting for them to come up with a remedy could take forever. However, asking for too much could make it so they dismiss you out of hand (because, unless there's some tenant protection against construction/noise in your city they don't have to do anything). Asking for a free garage, if there's on available, is already 14% of your rent. I'm not sure what you mean by significant savings on rent, but that may be too much. 

In the meantime I suggest you invest in some good white-noise machines. 

[moon/Laura]

Welcome to our lovely state (of constant construction). I remember when Broomfield was the ass edge of nowhere, and now its just ridiculous.

No helpful suggestions for you, unfortunately.

[happyhoix]

Apr 25, 2019 13:12:17 GMT -5 justme said:

Considering the hours they are making noise are during normal hours I wouldn't think you'd have much of a legal stance, but I could be wrong. As you don't want to move, you're taking out the easiest solution which is to move to an area of the complex without the construction - if such an area exists. Negotiating the break the lease fees could also be a solution - even more if it's a chain complex, but entails moving.

Your best bet to get a solution is to go in asking for something specific. Waiting for them to come up with a remedy could take forever. However, asking for too much could make it so they dismiss you out of hand (because, unless there's some tenant protection against construction/noise in your city they don't have to do anything). Asking for a free garage, if there's on available, is already 14% of your rent. I'm not sure what you mean by significant savings on rent, but that may be too much. 

In the meantime I suggest you invest in some good white-noise machines. 

I second the white noise option. DH and I have a machine, but you can get a 'nature sound' on your phone and play it on a loop. Set one in the nursery and one in your room. It will take a week or so to get used to, but it does help mask the other noises.

I think asking management for a paid parking spot and a rent reduction during construction would be reasonable...

[justme]

Apr 25, 2019 13:21:43 GMT -5 happyhoix said:

Apr 25, 2019 13:12:17 GMT -5 justme said:

Considering the hours they are making noise are during normal hours I wouldn't think you'd have much of a legal stance, but I could be wrong. As you don't want to move, you're taking out the easiest solution which is to move to an area of the complex without the construction - if such an area exists. Negotiating the break the lease fees could also be a solution - even more if it's a chain complex, but entails moving.

Your best bet to get a solution is to go in asking for something specific. Waiting for them to come up with a remedy could take forever. However, asking for too much could make it so they dismiss you out of hand (because, unless there's some tenant protection against construction/noise in your city they don't have to do anything). Asking for a free garage, if there's on available, is already 14% of your rent. I'm not sure what you mean by significant savings on rent, but that may be too much. 

In the meantime I suggest you invest in some good white-noise machines. 

I second the white noise option. DH and I have a machine, but you can get a 'nature sound' on your phone and play it on a loop. Set one in the nursery and one in your room. It will take a week or so to get used to, but it does help mask the other noises.

I think asking management for a paid parking spot and a rent reduction during construction would be reasonable...

Pssst...an app called White Noise Lite is free and has like 40 different options. Including cats purring and a tibetan singing bowl (there was a few months where the last would shut up my infant niece lol). 

[moon/Laura]

I use both white noise that justme mentioned, and relax melodies. That one has a huge selection of different sounds that you can make your own custom group of sounds. Like wind blowing, running water, and campfire burning... whatever sounds good to you.

[Tennesseer]

jkscott-out of curiosity, were you made aware there would be building rehab going on after your scheduled move-in date?  

A point in your favor could be made had you known construction would begin after you moved in you would not have selected this complex in which to reside in the first place based upon your own work schedule.

[jkscott]

Apr 25, 2019 15:13:42 GMT -5 Tennesseer said:

jkscott-out of curiosity, were you made aware there would be building rehab going on after your scheduled move-in date?  

A point in your favor could be made had you known construction would begin after you moved in you would not have selected this complex in which to reside in the first place based upon your own work schedule.

No I wasn't aware, from what I understand, the community did not know about this issue up until recently.

You are right, this would have been a factor for sure in whether or not I rented here.

[phil5185]

"""Like wind blowing, running water, and campfire burning... whatever sounds good to you."""

We had self-feeders for our 200 market hogs, the hogs had to lift a metal rain guard with their noses to get to the grain They did this all day, all nite, the guards came down with a crashing bang - 24 hours per day. Dad said that it was the sound of money being made.  You acclimate quickly, actually you wake up if the noise stops.

[moon/Laura]

phil5185, most people probably wouldn't find that noise to be very soothing, LOL. And I would think that if you're trying to get a three-year-old to nap, it would probably be extremely distracting and keep them awake.

[tractor]

Maybe there is an option to relocate to another complex owned by the same company? I know you don’t want to move, but if they offer you a quieter place for the same cost without the parking issues, would you consider that an option?

[Tennesseer]

If offered an apartment in another complex owned by the same company is who pays for the move?   jkscott paid a moving company to move him and his family from ? to this complex in Colorado.   Now jkscott has to pay a moving company again to move his household to a quieter complex and location. 

Cost wise, it just might not be worth it.  The owners of the complex may okay the offering of a new apartment elsewhere but balk at the idea of paying for a moving company too.

It will be far less expensive to buy white noise machines for each room.

[Icelandic Woman]

Like Moonie said Welcome to CO! I am sorry you are having those issues.
I have slept with a white noise machine for many many years. I wouldn't be able to sleep without it. It's called Sleepmate by Marpac Dohm. It costs around $40. It is worth every penny.

[Miss Tequila]

The borough that I live in and the city that I own rentals in all have noise ordinances specific to construction. As long as they are following the law I don’t l ow what you can do.

[Deleted]

The illegal pot growers who took over my hood run water trucks and loud generators 24/7 for 7-8 months a year now.

We've all been told "quality of life" isn't an issue anyone can/will address.

In your case, since it's daytime construction noise, you are probably left to your own devices to somehow drown it out. It sucks, but at least you don't own and can move at some point...

[tskeeter]

Apr 25, 2019 15:52:48 GMT -5 phil5185 said:

"""Like wind blowing, running water, and campfire burning... whatever sounds good to you."""

We had self-feeders for our 200 market hogs, the hogs had to lift a metal rain guard with their noses to get to the grain They did this all day, all nite, the guards came down with a crashing bang - 24 hours per day. Dad said that it was the sound of money being made.  You acclimate quickly, actually you wake up if the noise stops.

Interesting what noises you can learn to live with.  Like the couple of years I lived three or four blocks from the railroad  switch yard with box cars banging together 24 hours a day.  Or the many years I lived near the fog horn in the harbor that sounded whenever there was fog on Lake Superior.  After the first few weeks, you didn’t notice whether or not it was sounding.

[jkscott]

Apr 28, 2019 19:10:03 GMT -5 tskeeter said:

Apr 25, 2019 15:52:48 GMT -5 phil5185 said:

"""Like wind blowing, running water, and campfire burning... whatever sounds good to you."""

We had self-feeders for our 200 market hogs, the hogs had to lift a metal rain guard with their noses to get to the grain They did this all day, all nite, the guards came down with a crashing bang - 24 hours per day. Dad said that it was the sound of money being made.  You acclimate quickly, actually you wake up if the noise stops.

Interesting what noises you can learn to live with.  Like the couple of years I lived three or four blocks from the railroad  switch yard with box cars banging together 24 hours a day.  Or the many years I lived near the fog horn in the harbor that sounded whenever there was fog on Lake Superior.  After the first few weeks, you didn’t notice whether or not it was sounding.

The noise issue is only one aspect to the problem.  Parking is now extremely limited.  Its entirely possible that we need to park 200-300 feet away.  It adds up with Costco groceries.  Another aspect is having construction workers literally up against our windows and on our balcony for the next 4-6 weeks.  Thats a large loss in value.

[justme]

It sucks, but if it needs to be done it needs to be done and you said they didn't know until after you moved in. Construction often doesn't go to plan - you probably shouldn't have opted to sign with an incomplete complex. There's 2 sets of walkways from the buildings to the parking garages at my place - they needed to be done and were supposed to be 6 weeks each. It ended up being almost 6 months for the first set to be done (not sure if the second set took that long as I don't use that side). It added well more than 200 feet to the walk when your set was closed. No one was getting reduced mortgage, rent, or HOA fees while it was going on. 

[TheOtherMe]

The complex where I lived in Colorado had limited parking so I opted to rent a garage.  My garage was at least 250 feet from my door.  

The next place I lived had the same issue.  They did not have garages so I rented a covered spot.  Same issue on walking distance.  

Before I opted for reserved parking, if I came home after 7 PM, I would drive around and around to find a place to park.  Street parking was not an option in either place.

The first place now charges a monthly non-reserved parking fee.  From what I hear, that does not guarantee a spot and the lot isn't any bigger than it was when I lived there.

It's the way things are with communal living in my experience.  

Even the two condos I owned, if things had to be taken care of, parking was my issue to figure out.  

Nobody reduced my rent, mortgage, HOA fees, etc. either.  

I learned to live through it, like it or not.

[TheOtherMe]

Apr 29, 2019 12:05:17 GMT -5 jkscott said:

Apr 28, 2019 19:10:03 GMT -5 tskeeter said:

The noise issue is only one aspect to the problem.  Parking is now extremely limited.  Its entirely possible that we need to park 200-300 feet away.  It adds up with Costco groceries.  Another aspect is having construction workers literally up against our windows and on our balcony for the next 4-6 weeks.  Thats a large loss in value.

Try living on the first floor, with a drug dealer living above you.  

That caused car lights directly in to my bedroom all night long (I opted to buy black out curtains for my sanity) and running cars.  Nothing I could do about it and I tried.  

[Artemis Windsong]

4 days later is there is resolution?

I use a fan and ear plugs.  When I was south for a while this past winter, I slept like a rock.  The only time I didn't sleep was when H. was very sick and would sound like a fog horn going off.

I have a lifetime of noise polluting my sleep.

[jkscott]

Apr 29, 2019 18:56:16 GMT -5 Artemis Windsong said:

4 days later is there is resolution?

I use a fan and ear plugs.  When I was south for a while this past winter, I slept like a rock.  The only time I didn't sleep was when H. was very sick and would sound like a fog horn going off.

I have a lifetime of noise polluting my sleep.

I emailed the regional manager and haven't heard back yet.  Having construction work take over your balcony and force you to keep the blinds closed for 4-6 weeks is a major loss in value.  You all are too nice.  I pay for a balcony.  You can't just take it away for 6 weeks and not compensate me.

[Artemis Windsong]

We are cheer leading for you to win out.  I get sick if I don't get proper sleep.

[TheOtherMe]

We are not too nice.  We are realistic.  

Learned a long time ago that you can't beat those corporate apartment owners.  Everything in the lease is slanted in their favor--as long as it follows state and local law.

[adela76]

Apr 29, 2019 19:08:44 GMT -5 jkscott said:

Apr 29, 2019 18:56:16 GMT -5 Artemis Windsong said:

4 days later is there is resolution?

I use a fan and ear plugs.  When I was south for a while this past winter, I slept like a rock.  The only time I didn't sleep was when H. was very sick and would sound like a fog horn going off.

I have a lifetime of noise polluting my sleep.

I emailed the regional manager and haven't heard back yet.  Having construction work take over your balcony and force you to keep the blinds closed for 4-6 weeks is a major loss in value.  You all are too nice.  I pay for a balcony.  You can't just take it away for 6 weeks and not compensate me.

Actually, I'm pretty sure they can.  Unless your lease contains language guaranteeing balcony availability 365 days a year (which I'm guessing it doesn't), the landlord likely can do necessary maintenance that is a temporary inconvenience to you.  Your biggest bargaining chip would be threatening not to renew your lease, but it sounds like you are planning to buy and aren't going to renew anyway. 

But seriously, what kind of compensation are you asking for or expecting?  You have not named a dollar amount or anything specific that would satisfy you, so it's hard to tell if what you are looking for is reasonable or unrealistic.  

A friend of mine lives on the 6th floor in an older building in an urban area.  One summer, they had to replace all the balconies, so she lost her balcony for a good 5-6 months.  They also have occasional problems with the elevator in her building (again, older building).  Once the elevator was out for 2 months, so she had to carry everything (groceries, her laundry, her bike) up 6 flights of stairs.  She did not get a rent credit for either situation.  So it's kinda hard for me to get worked up about you having to walk an extra 250 feet. 

[jkscott]

Apr 29, 2019 19:18:30 GMT -5 Artemis Windsong said:

We are cheer leading for you to win out.  I get sick if I don't get proper sleep.

They offered a $300 rent credit.  I pushed back for more.  Will report back.