Noise, noise, noise!

[firenze11]

Hi everyone!

It has been forever since I've been on here. I've been incredibly busy working on my MA (I can't wait to be done and get back on my bike!)

I have a question for you since I find you give incredibly good advice and bring great perspectives to problems. This might be long, so hold on to you hats!

I live in graduate housing at my university. I love everything about it. Until the construction started.

We got an email that construction would start, literally outside our windows, two days before it actually started. This is major construction that we were told would be from March until May. Well, apparently that was a fib because the housing office let it slip that it would not stop until July. So that's the remainder of my time here.

At first, it began at 7 am sharp every morning. It made the roommates and I grumble, but it was do-able. Ever since then, it started earlier and earlier. Yesterday they woke me up at 5:50. And now they are starting at 7 am Saturdays. Security told us they are legally allowed to work on Saturdays and Sundays. So I'm expecting them to come tomorrow. This is the first week that they've been here on weekends.

To make matters worse, one of the other tenants in the building said they were planning on renovating the upper floor this summer. Over the year we learned they were planning on doing something up there, but we have not been officially informed of that, yet (perhaps two days before it starts they'll let us know).

So I feel like I've been lied to by omission about some very important things. They should have told there was a very high possibility that major construction would be happening in and directly outside the building before I agreed to the terms of the lease. One of my roommates may need to sublet because of an internship opportunity but there is no way anyone will agree to take her room.

The big thing is I get migraines and two triggers for me are sleep deprivation and noise. I'd really learned how to control these triggers well and now I feel like a lot of my control is being taken away. And all of us work 7 days a week, we have heavy work loads and enough stress as it is. None of us sleep well and we'd really like some regulation of the hours of construction. We can mostly deal with it during the day. Or at least suck it up. I can't really go off to the library because I have about 30 books in my room for major research essays. I can't just lug them all to and fro, along with my computer and all its trapping to work in a tiny carrel in the library day after day.

Housing told us their "hands were tied" and there's "nothing we can do." But I feel like there's got to be something they can do, either advocate for their students and be strict about the hours of work, reduce our rent, or help find another place for us to live. Something.

So, wise women of TE, what do you recommend? We're drafting a letter but are worried that will get us nowhere. I'm tired and mad and not sure how much more I can take of this. (boy, do I need to take this out on a nice bike ride)

Thanks!

[roadie gal]

Around here there are laws about what time construction can start. You might want to look into that. 5:30 for a weekday and 7am on weekends sounds very early.

[ny biker]

Yes, I'm pretty sure there are noise ordinances around here too, that prohibit construction noise before and after certain hours.

FWIW, I feel your pain. I once lived in a place that had jackhammers outside every morning. My pillow would vibrate. It really is horrible.

[Ana]

I know we have legal services for students here at the University. They provide legal advice to students for free (I am not entirely certain of the details, as I have not used their services).

That sounds terrible. Is there any way you could just adjust your schedule so you get up at 5:00am anyway so you aren't loosing sleep? :p

[Tuckervill]

How about asking someone you know who has a house or a bigger place where you can set up your 30 books and just go over there to study?

Tough situation. I don't know how you'd ever stop them working, but too early in the morning..yikes. It's still dark at 5:50 at my house!

Karen

[Mr. Bloom]

I'm not a lawyer, but I believe that every lease has the anticipated benefit of 'quiet enjoyment' implied. This may be where legal services can assist...

[Blueberry]

Check your city code website - there usually is a time they can't start construction before (and in the states, it's usually 8:00). And I second seeing if there's a legal services office available to students - they may be able to help you. I think the question you'll have to decide is - if you can get out of your lease, do you want to move. Or would you rather stay there and try to get the construction to stop (but don't want to move, even if it won't). I can't imagine there would be much time in your schedule to move elsewhere.

Good luck to you! Our city recently re-paved the street right outside our bedroom window - thankfully, it was only a few days of crazy noise, though.

CA

[sfa]

Check the noise ordinances in the area, but remember to check the zoning too--residential zoning has different requirements than business zoning. My street is zoned as residential so they aren't allowed to start road work or construction before 7 a.m. but we're a block and a half from a main road that is zoned for business and in THAT area they are allowed/required/encouraged (not sure which it is) to do road work and construction overnight, so as not to impede business traffic during the day, so when they are working on sewer lines and potholes and such, we put up with klieg lights and jackhammers all night. Depending on the zoning of your building, they may well be within their rights to start construction that early.

If you can't find a law to back you up, you can go to the housing office and see if you can get out of your lease on medical grounds--if you're having migraines triggered by the current situation and they can't stop the situation, they can at least let you out of your lease so you can find a quieter place to live.

Good luck!

[firenze11]

Thanks everyone.

We've drafted some letters, one in French and one in English. We'll send them to the major players at housing.

We've thought about going to legal aid. There is definitely an obligation for "peaceable enjoyment" of the apartment "throughout the term of the lease" and this is found both in the lease itself and as one of the main obligations for the landlord as set out by the main governing body.

I think the thing that's really getting to me now is that they will be completely renovating the upper part of the building, right over our apartment so the noise will be coming from outside the building and inside. This will make summer miserable considering we'll all be home working on our major research and will have double the noise plus pollution from the construction outside. It will be stifling in here if we won't be able to open our windows since we don't have AC.

None of really want to move. We don't have the time or money to look for a place, pack up, and get settled. Plus, we won the roommate lottery, basically, and all get along really really well. I don't want to lose good roomies.

Thanks for the advice. I think I was just looking for some outside opinions. We've been worried that we might seem like brats by whining about being woken up early, but it's really starting to affect us.

[Blueberry]

It would be one thing if it were 8 and you were complaining about being woken up early - not wanting to be woken up at 5:50 seems totally reasonable to me!

[shootingstar]

I'm sorry to hear this noisy inconvenience and headache --literally.

With respect to legal aid, just ask for legal advice. Most likely would be free, firenze. If someone in your household has time to make phone call and be around /visit to get an answer later.

There is no place on campus near / in the library to rent a locker for you to dump your books for research?.. Just asking.

And as a final absolute last resort, provide the student newspaper with this latest development. That'll give them fodder! :D Might galvanize student housing management/facility management to modify their direction to contractors. But keep in mind, they have to complete the retrofit before winter comes again. As a negotiating tactic, your household is aiming for a compromise on construction noise/work times.

[firenze11]

There is no place on campus near / in the library to rent a locker for you to dump your books for research?.. Just asking.


I've tried to think of ways I could work around this problem. The thing is I don't think there are any lockers available, but if there was I know the ones in the gym are constantly being broken into (even during the day). So I don't feel very safe with this option.

At my undergrad school, we had carrels available to grad students that had cages with locks. I wish we had that here, but we just have regular carrels. I have one that I do leave books on and use from time to time, but it's tiny and can't hold all my books. Also, the last time I went to use it and check on it, my books had been taken off of it and moved to another carrel. I had to hunt them down. It really freaked me out and made me angry.

Also, I generally work from anywhere between 9 am to 9,10,11 and on at night. I really do need to be able to work from home. And I can pretty much deal with the noise during the day, so I can suck it up for the most part and put some ear plugs in if necessary.