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Disruption of landlord's renovation

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Disruption of landlord's renovation

Postby jemmus » Tue May 12, 2009 10:51 am

Hello,

The facts:
-Renting one unit in a two-family house in Nassau Co. The other unit is vacant. Landlord is having trouble finding a tenant for it. We have six months remaining on our lease. Landlord suddenly wants to sell the entire house. Landlord wants to start renovating our unit immediately, with us in it. Also wants to put in lawns in the front and back yard.

-The renovation project would force us to virtually pack up the whole house, as if for moving out. The project involves taking wall-to-wall carpeting out, so we have to clear out all the furniture, all the bedrooms, all the closets, all the kids' stuff in the basement. We also have to disassemble and relocate lawn furniture, a swing set, and a large trampoline. It's going to be a huge time consuming project for us, more or less like packing up for a move to a new residence. It would force us to cancel plans for a possible trips to the Catskills, to visit elderly grandma out of state, etc. Looked at another way, time is valuable. The landlord here is not just requiring access to the apartment to renovate, he's requiring that we use our valuable free time to clear things out for his project.

Questions:
-Under these circumstances, do we have the right to terminate the lease early and just move out? It seems that this renovation project a) goes beyond just normal repairs and b) interferes with the tenant's quiet enjoyment of the property. That's seems like a situation beyond what was contemplated in the lease. If we're going to have to move every object in the house, we'd rather just move to a new place while we're at it. The landlord would, of course, very much prefer that we stay and keep paying rent throughout the renovation. When he lists the two-unit house, he'd also like to be able to say to prospective buyers. that one unit is already leased.

-If we can't terminate the lease, what power do we have vs. landlord regarding how the renovation project is done? For example, can he make us clear out our stuff, disassemble the swing set, etc.? Or can we just have him and his crew do it?

-How much control do we have over the timing of the project? For example, do we have the right to tell the landlord he can start in four weeks, but not immediately?

Any advice appreciated, and thanks for your patience with this lengthy post.
jemmus
 
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Postby jemmus » Thu May 14, 2009 10:27 am

Got some more information, so I'm going to answer my own question here. According to a realtor friend and some research I did, the LL cannot renovate the space with the tenant in it unless it's for the tenant's benefit. For example, if the tenant had a long-term lease and wanted the renovation. In this case, the LL wants to renovate for his own benefit (for the purpose of putting the rental unit on the market. The tenant therefore has the right to make the LL wait until tenant's lease is over before starting repairs.

If LL insists and starts renovations, tenant could move out and argue that LL voided the lease. That is, he rendered the apartment uninhabitable, therefore tenant had to find other lodgings, therefore LL "constructively evicted" tenant. Not an ideal solution maybe, and the constructive eviction argument would only work in court if tenant actually vacated promptly. But at least it would avoid the situation of still paying rent and being bound in a lease while LL is tearing up your apartment.

One more small note-- the legal basis for tenant denying LL's renovation project is the right of "quiet enjoyment." The premise of the lease is the landlord promises to give tenant possession and quiet enjoyment of the property. The tenant promises to pay rent at the agreed upon rate, for the duration of the lease. "Quiet enjoyment" basically means being able to temporarily possess the property as if it were your own. The landlord is giving you full rights to the property and only retaining certain specified rights, such as to enter to make repairs or to show the property to prospective renters or buyers. Seems like a lot of LL's don't get this concept. :)
jemmus
 
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Joined: Tue May 12, 2009 10:05 am

Postby TenantNet » Thu May 14, 2009 10:58 am

Neither does your realtor friend. Tell him to stick to sales where he might know something (or maybe not). Quiet Enjoyment has to do with an attack on your tenancy rights. See http://tenant.net/phpBB2/viewtopic.php?t=6986

That's not to say you don't have some rights in the matter. The answer is, it depends. For example, in NYC rent regulated units, owners do have the right to perform upgrades. Tenants must give access within reason. However asking tenants to relocate for renovations are much more complicated. In such cases tenants need to preserve their tenancy rights. But this does not appear to be your situation.

As to when and how, it can be a negotiation. Understand that you do not have to jump immediately. Everything can be negotiated no matter what the law might say, because it will take time for any court to do what it does.

In my opinion you can negotiate that he won't start it for six months, but be prepared to play hardball. First, change your locks to make sure he doesn't waltz in. Consider having someone represent you. Consider allowing the lawn renovations to go ahead if that wouldn't significantly disrupt your life. Consider agreeing to some of the lawn construction to go ahead while you are on vacation. Or if you feel you can trust him (I wouldn't), consider some of the carpet laying to occur while you are on vacation.

But if the renovation is sufficiently significant as to disrupt living in the unit altogether, I would claim it would amount to constructive eviction (have your realtor look that one up). And yes, there is a modicum of quiet enjoyment here as well.

Read your lease carefully. But again, in a negotiation one thing on the table might be your moving early.

Realize that you can move tomorrow if you wish. Nothing is stopping you. The only question is whether the landlord would come after you for the rent for the rest of the term. If that goes to court, obviously his plans offer you a defense.

Make sure his plans are presented to you in detail. You can't legally respond to a verbal description, or just a litany of tasks. Have him present detailed plans with drawings, etc. He might balk, but you've just eaten up some time.

If the LL wants to get intransigent, then just tell him repairs are on thing, but gut renovations will have to wait until you move. You might end up in court, but the LL doesn't want to do that either. Six months will go by rather quickly.

And get some real advice. Talk to a lawyer.
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