Can I win if I take my Apt owner to court? Renovation/noise issue....?

My apt complex embarked on a very long, (the good part of a year) disruptive renovation, without giving the tenants notice of their plans. They were in my area, waking me up daily for several weeks with hammering (fixing dry rot, prying large boards off the living windows with hammer and chisel) until I realized this was planned for every apt. in the complex. I'm a night person -- self employed, and I work late and sleep late. All I ask is that they give me notice so that I could adjust my sleep schedule. By the time I called, a complete wreck from the sleep deprivation, they told me, "We were just going to call you, as we're doing your apt next Tuesday," (it was Friday). And they "consoled" me by saying "They'll only be in your area another month." (!)

The woman at the head office is ignoring me, not returning my e-mails. She returned one, said the work had to be done, and it cost them a lot and it's over now so....

I'm asking for 1/2 a months rent for 4 wks of hell.

I've been very civil and tactful and was told more than once, by the manager of the complex (the woman ignoring me is his boss) that I am a model/very valued tenant. I've not said a word I wouldn't want a judge to hear. Even the president of the company is refusing to address my complaint. The first time I e-mailed my complaint to the woman I was told to send it to, she said the president was out of town and she'd get back to me on Friday. She didn't. I let 3 weeks pass for good measure and wrote again, and that's when I got the dismissing letter. I think that only adds to the case I have.

If I don't pay my rent, I'm out in 3 days. But I can file a complaint and they don't have to address it? I really think I have a case here, and could use some tips for small-claim's court. Thanks so much!

Oh, should I send a registered letter of my last e-mail before filing with the court? We're going on two more weeks that she has not responded to that one....

O.K., I see no one has touched this one yet.

I'd get a lawyer, since it depends on the laws of your state!!

If you can't afford one, you probably shouldn't even start this one.
If this was a small landlord situation you might fair better, but it sounds like you are up against a corporation. I am sure they have lawyers to handle this type of thing.

Sorry

Legally the homeowner (landlord) has three days to respond to your issue. However, a verbal complaint will not hold up in court. You have to write/ type a letter to the owner addressing your issues and what you think is a fair resolution. I did this to my landlord when I first moved into my house because NOTHING worked, including my AC and it was midsummer in south florida.

I got half off rent for the month that this was an issue. And it is steeeep rent so that helped a lot.

good luck!

Well your quiet enjoyment seems to have been violated, however; going to court looking to win is a whole other matter. Nothing is guaranteed relating to court I do alot of expert witness testimony in District Court and I've seen open and shut cases end up going against the party that thought it was open and shut. You just never know, speak to an attorney and check your state's landlord tenant act for information on what your landlord can and can not do regardless of what the lease says.
Just remember too that the judge is human and if he/she had a bad night the night before and you remind him/her of it, it might not go so well for you.
I wish you the best.
Buena Suerte

I own in a large community myself, and while sometimes the noise that gets made sometimes is enough to drive me crazy, I would rather put up with some noise knowing that my roof won't leak, my siding won't fall off, and my windows won't fall out. You rent, the owners of the complex have the right to make any improvements they feel are necessary to the property. By not paying rent owed you set yourself up to possible eviction which could carry over to your credit depending on how they proceed with th e eviction. There are codes that vary by county as to when it is "reasonable" to do construction and home improvements. I assume that they contractors hired are abiding by the laws, and there really isn't too much in the way of legal recourse that you have. You may or may not be bound by a lease, (I suspect you are), if you break the lease without legal cause, you get hurt. The big question: Would money really make up for your lost sleep and inconvenience. Not a court in the country I know of will agree. Your other option is to get out of a community that is striving to maintain itself, and buy your own home where you won't have any inconveniences at all.