What are my rightsif my apartment building is under major exterior construction?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rightsif my apartment building is under major exterior construction?
We are completely enclosed in wrapping and they are chipping away at the “stucco” and will then be replacing it with other siding. They are in their fourth week with no signs of it being completed soon. It is extremely loud. It’s claustrophobic. It’s difficult to get in and out of the building. Material is flying down and could easily hit someone. Shouldn’t they relocate us or not require rent during this time. In addition I was out of town when they first started construction (gone only 3 days) and they failed to give any advance notice so I came home to find all of patio contents move. Do I still have to pay rent? I can’t even see out my windows.
Asked on February 26, 2012 under Real Estate Law, Washington
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The best way to start in getting your question answered is to carefully read your presumed written lease to see if there is any language as to what recourse you may have in the event of major repairs such as a rental rebate. If there is language to that effect then that provision controls.
If the lease is silent as to construction issues, then under the laws of all states, your only recourse would be to ask the landlord for a rental rebate if you can actually use your unit. If you cannot use the rental, then you should not be obligated to pay rent.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.