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Uninformed of incredibly loud noise upon occupying building

Discussion in 'Commercial Landlord & Tenant Issues' started by js61283, Jul 17, 2013.

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  1. js61283

    js61283 Law Topic Starter New Member

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    I'm in the process of trying to get a start-up business off the ground. It's a dog boarding/daycare facility. The issue I'm having is that we were uninformed that the building is incredibly loud probably 20-30 times a day from about 10am - 5pm.

    We are located near a military base, and the fighter jets take off and immediately fly right over our building at low altitude. The noise created is so uncomfortable for everyone that we must stop talking and wait it out while many cover their ears to avoid minor pain. Yesterday was the first day my dog has been at the facility, and he was hiding every time a jet flew over. By the end of the day he was acting strange and would not eat. He's back to normal now, but it's clear the noise had an impact.

    Because of this there is absolutely no way we can operate a dog facility here without significant improvements in sound proofing. This means covering 5 very large roll-up doors, sound proofing the front lobby (which is 100% wrapped by glass), and the roof which has zero insulation at the moment and resides 25 feet high. There isn't enough in our initial budget to do this even if we didn't do any other improvements at all.

    I understand the landlord never agreed to any improvements, but as it stands I don't feel that we'll get anywhere unless the landlord does pitch in for some of them. Do we have any true, legal recourse if this doesn't work out? If it's determined we cannot operate here will we be stuck with the lease? Our lease makes no mention of how something like this would be resolved.


    Thank you!
     
  2. mightymoose

    mightymoose Moderator

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    Talk with the landlord about ending the lease early.
     
  3. js61283

    js61283 Law Topic Starter New Member

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    I intend to, but we also just barely signed it and he just seems like the type to give us problems. Security deposit and first month was $15k as well. We can't afford to just lose the money and start over. I'm here to see what our worst case scenario is if he does not let us out of the lease.
     
  4. disagreeable

    disagreeable Well-Known Member

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    The penalties contained in your lease and prescribed by law by your state. Really, you should have done proper site analysis prior to signing the lease.
     
  5. cbg

    cbg Super Moderator

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    You are located near a military base and it didn't occur to you that fighter jets would be taking off and landing?
     

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