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VIC Construction Noise Pollution - Options If Tenant Wants to Move?

Discussion in 'Property Law Forum' started by Michele, 4 August 2015.

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  1. Michele

    Michele Member

    4 August 2015
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    I need legal information about a property I have.

    My tenant wants to move out due to the noise pollution from a construction site opposite it. I don't know if I will be able to re-tenant it because of the construction which is going to take 12 months. I can not afford to leave it vacant. Is there anything I can do against the construction company and owner of the building being built? The construction people are telling me the noise is to the standards of the EPA; my tenant said it is beyond bad.

    Thank you.
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
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    Hi Michele,

    Unless you can prove that their sound level is outside of the EPA regulations, there is not much you can do. If every tenant or land owner wanted to move out or sue builders because of construction noise, nothing would get built.

    If your tenants are in a fixed term lease, they will likely be liable to pay you damages if they abandon the lease early.

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