There are a multitude of reasons why a landlord would start a construction project on an occupied building. Some of them are voluntary - renovating units to bring in more rent, updating wiring or putting in a laundry room. Other projects like restoring apartments damaged by previous tenants, repairing storm damage or addressing city code violations are involuntary.
About two years ago there was a big storm that knocked down a 60 foot tall tree on the parkway in front of my building. It crashed into our yard, taking out my steel balcony, porch light and a chunk of the front fence. It also made a massive hole in the lawn and caused some pretty massive structural damage to the tuckpointing and roof. I'm lucky it didn't actually crush my bedroom. The repairs cost well over $10,000.
Now, this is a condo building, I'm one of the owners, and I wound up being responsible for dealing with all the contractors and the insurance company. But even though this was a "do or die" set of repairs, and I knew well in advance every time we were going to have workers on site and I'd vetted them through multiple sources it was still a terrible experience. It was noisy. It was intrusive. It was messy. When you're a renter living with construction in your building without that level of fine grain control it's even worse.
I can recall from my days working in a property management office that construction in the building was one of the top causes for complaints we received from tenants. With the size of the portfolio we handled, construction made up the lion's share of the work we did every day and the majority of our staff held jobs involving paintbrushes or power tools. Tenants were inevitably unhappy that they hadn't been warned ahead of time, or worried about the dust and fumes affecting their health, or upset that the noise was keeping them awake or keeping them from getting work done. There wasn't much we could say except "sorry" and "it'll be over soon, just hang in there."
Normally when landlords do bad things to tenants we are 100% in support of tenants taking action to correct the problem. However in this case we're taking a different stance. In this city the evil construction fairy visits each of us in equal measure. It is in the nature of buildings to fall apart over time and require repair. You can't prevent it, you can only learn to cope with it. With that in mind, here are some things you should expect and how you should deal with them.
- Your landlord will not warn you ahead of time. This is because they will probably only get a vague estimate from the contractors of when the work will begin, and that window could be as wide as a month. Also because they know you're going to up and move out if you get too much advance notice. Expect construction. Preventive maintenance is the sign of a good landlord. Emergency maintenance is the sign of a responsive landlord.
- If they do give you a time frame for completion of the work it will invariably be incorrect. Construction projects - even indoor ones - are very dependent on weather. Rain, snow, humidity and extreme temps will all cause delays. Manage your expectations accordingly.
- The landlord probably will not be responsible for personally hiring every worker on the project. Contractors hire subcontractors, day laborers and family members and don't necessarily vet them in a way that's proper for working around children and other valuables. Pay attention to logos on workers' trucks and shirts. Don't let anyone into your unit without a chaperone from your landlord's office.
- There will be paint fumes, dust and noise. When you encounter road construction you either drive around it, wait in the traffic jam, or learn to take back roads for a few days. You need to respond to building construction in the same way. Open the windows and get out of the house during the day. You may need to find somewhere to board your pets for the day. Fortunately Chicago has many options for both you and your pets.
- It's pretty obvious when a project is going to be invading an area where you have personal belongings stowed, such as a porch or a basement storage locker. If your stuff is in the way, workers will move it. If you want to have control over where that stuff ends up, move it yourself.
- Don't expect them to have a permit unless they're doing something that's visible from the street. The process you have to go through to obtain a permit in Chicago is something I would not wish on my worst enemy. However, if you notice major exterior work or wiring being performed without a permit it's worth putting in a call to 311 to report it to the city.
- The "right to quiet enjoyment" does not mean you get to live in complete silence 24 hours a day. Unless the disturbance goes on for more than a couple of weeks after you've asked them - in writing - to stop, it isn't infringing on your right to quiet enjoyment. Most projects will be over long before then.
- You're only entitled to a rent reduction if the project prevents you from using a portion of your living space or an amenity that substantially lowers the value of the apartment. If the project keeps you from using a room in your apartment for a month that's worth asking for a reduction. If you have to go to the laundromat for a month that's also worth it.
- Landlords are not responsible for damage to your personal belongings. This includes your grill, your decorative holiday lighting, your window air conditioner and the food in your fridge. Do not expect them to reimburse you. If contractors damage your belongings file a claim on your renters insurance.
- Know which channels to use for your complaints. Fly dumping (putting construction waste in other buildings' dumpsters), using power tools between 8pm and 8am and peeping are all against the law and should be reported to the city. Shoddy workmanship should be reported to your landlord and possibly on sites like Yelp or Angie's List. The fact that living next to a construction project is annoying and disruptive should go on your TwitFaceGram.
Do you have a story about dealing with construction in your apartment building? Let us know in the comments!
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