Am I legally required to allow my landlord to do construction work in my apartment if it’s not a repair or necessary?

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Am I legally required to allow my landlord to do construction work in my apartment if it’s not a repair or necessary?

They are “upgrading” the apartments and want to work in all of the apartments, including those that are currently inhabited. These are not repairs, not necessary, and not agreed upon by me. State renter’s rights would seem to back me up but I would like some clarification. The apartment manager says that I have no choice. May I legally refuse this unwanted intrusion?

Asked on June 25, 2012 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

To answer your question, you first need to read what is contained in your presumed written lease about "upgrades". If there is language in your lease agreement as to such, the language controls in the absence of conflicting state law on the subject.

If there is no language on the subject of "upgrades" then from what you have written in conjunction with your state's renter's rights you seemingly do not have to allow the "upgrades" as opposed to necessary repairs. The result is that if the "upgrades" happen, you will be inconvenienced and if you are inconvenienced due to the "upgrades", the landlord should compensate you for such. I suggest that you consult with a landlord tenant attorney to write a letter on your behalf regarding the subject matter.


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