Fed up with 'noise,' Burlingame tenant files suit

0 Comments | Oakland Tribune, Jul 12, 2008 | by Mark Abramson

A Burlingame apartment dweller is suing his landlord, alleging that management never notified him or fellow tenants about noisy and disruptive remodeling plans.

Attorney Nathan Paco filed the lawsuit in San Mateo County Superior Court in mid-June against John Klimp, one of the partners in Burlingame Towers; resident manager Tonie Hertz; the Palo Alto- based Mayfield Management Co.; and Leslie Meacham, who oversees the property for Mayfield Management.

"The landlord knowingly caused and permitted demolition, renovation and remodeling work to be done on the Burlingame Towers," Paco wrote in his lawsuit.

"The noise from the construction has deprived all of the tenants of Burlingame Towers the right to the quiet use and enjoyment of their homes, thereby making them uninhabitable."

The defendants' attorney, Allison Pascal, of the San Mateo law firm Anderlini, Finkelstein, Emerick & Smoot, denied Paco's allegations via e-mail and declined further comment on the case.

The increased noise at the 85-unit complex began in November 2007, Paco said, and the construction at 1469 Bellevue Ave. has left debris throughout the complex and in the parking garage.

"One of the major complaints of the tenants is if we knew they were going to do all this construction ... we would have made other plans rather than stay here and have our rents continuously increased," Paco said.

"Boy that noise -- it is a concrete building and it just reverberates through the whole place."

Paco said he intends to recover all the residents' rent paid since the construction started, in addition to damages and an additional 90 percent because the building became uninhabitable.

Paco said he will file an amended lawsuit next week to add an allegation that the property's owner and manager acted fraudulently by not notifying the tenants.

at mabramson@dailynewsgroup.com.