Sobelsohn v. American Rental Management Co.

926 A.2d 713 (2007)

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Sobelsohn v. American Rental Management Co.

District of Columbia Court of Appeals
926 A.2d 713 (2007)

Facts

David Sobelsohn (plaintiff) leased a penthouse apartment in the District of Columbia. Sobelsohn’s apartment included a roof deck. The apartment building was managed by American Rental Management Company (management company) (defendant). The lease agreement stated that Sobelsohn had a right to be free from noise that unreasonably interfered with his enjoyment of the apartment. The lease also stated that the management company had a right to access Sobelsohn’s apartment in order to make necessary repairs. For several months, the management company engaged in major repairs of the lower-floor balconies. During the course of that work, Sobelsohn was exposed to loud drilling noises. Moreover, the management company stored construction equipment on Sobelsohn’s roof deck. Sobelsohn brought suit against the management company, seeking damages for the interference with his full use of the apartment. The trial court prevented Sobelsohn from introducing evidence from an engineer as to the decibel-meter readings that were made in his apartment. Further, there was no evidence indicating that the use of Sobelsohn’s roof deck to store the construction equipment was necessary for repairing the lower-floor balconies. The trial court ruled in favor of the management company. Sobelsohn appealed.

Rule of Law

Issue

Holding and Reasoning (Steadman, J.)

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