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Short Term Vacation Rental in Jerusalem - Noise

Question:

Good afternoon,
We visited Jerusalem this summer for one week.
We rented a popular short term apartment/hotel (I write apartment/hotel because the management provides everything as if it would be a hotel: Linen, towels, dishes, and cleaning for a fee.).
We took it from Monday evening until Motzai Shabbos - 6 nights.
We pre-paid half of the dues before arriving in EY.
Wednesday morning we were woken by drilling/demolition work in the apartment above us which started at 8am. We were no USA time and needed to sleep during the day which was not possible as this went on until 4pm.
We were told they would start later the next day, but this didn't happen. They started the same time.
Seeing that the management can't control the noise (the neighbors apartment was not managed by them) we made reservations in another place and left.
We stayed only 3 nights. The first night/day there was no noise. The 2nd day there was noise in the morning and 3rd night/day there was also noise.
We complained to the management the first day the noise started but we were told they don't have another apartment for us to change to.
We stated that we would look for another place and let them know.
The management meanwhile charged us for the remainder of the balance (the last 3 days - Thursday night, Fri night, Shabbos-night).
Thursday morning, after realizing there would be more noise and we couldn't stay in the apartment, we made reservations at another establishment.

I was upset that the management of the first place had charged us even after knowing that we left. They subsequentially credited back the amount for the last three days. however, they claim that since Friday and Shabbos there was no noise, they were really not required to forfeit those days.

I however told them that we really shouldn't have been in the apartment for Wednesday-night and only stayed because they promised a later start for the construction.
Once we lost trust in their ability to control the noise we had no way to believe that Friday there wouldn't be any noise. So technically we should have only paid for two nights, and instead we paid for three.
Also, the actual tircha of packing up, finding a replacement apartment, and going to the new place meant it would be difficult for us to then re-pack all our things and come back to the previous place for Shabbos.

Note: The noise was right above us and made it almost impossible to take a nap or have normal conversation. We were extremely tired from a long connecting flight - basically 2 nights without a regular sleep.

I would very much appreciate your thoughts.
Yasher koach!

 

Answer:

Hello,

There is an important piece of information, that we need to know. Did the construction really start before you got to the apartment, or did the management know that there would be building then? If they did then your renting the apartment was a mekach taus, and you wouldn’t have to pay him anything extra. If however, the management didn’t know about the building, then it isn’t their fault that a neighbor decided to build on top of your head.

Best wishes

 

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