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I live in New York City. My lease ends October 31 and I am vacating my rent stabilized apartment. On the night of October 20, my landlord informed me that he was going to have contracters fix some tiles in my bathroom during the day of October 21. When I got home during the night of October 21, I saw that the bathroom is being renovated much more than what was explained to me (ceiling replaced, all walls are being sanded, etc.). All of my bathroom items were moved out by the contractors into my bedroom. In addition, the contracters have moved all the items out of my kitchen into my bedroom and covered the floor with paper and left their items in my kitchen. They apparently are coming back October 22 and who knows how long this is going to last. I called my landlord who is apparently out of the country until next week!
I feel completely violated. I deserve free rent during this time period since I'm living in a contruction zone. In addition, they are using my electricity to do the renovation work. I know the landlord wants the apartment available for a new tenant November 1 but this is not my problem.
What are my rights? What should I do?
One thing, did the LL know you were going to vacate? if so, he should have done the reno when you have already moved out. You should not have let him in or have of given him the key for strangers to enter your apartment with you or somebody you know not in the apartment.
Sorry, no one under any circumstances will ever be in my apartment without me being in there as well, unless there is a fire. LOL, and even that is pushing it to the limit. LOL
I don't blame you for being upset, this disruption is not for your benefit, but for the next tenant. How much of a rebate you are entitled to I don't know. You are entitled to the 'quiet enjoyment' of your apartment and this is being violated. If it was for your benefit then it would be something I guess you'd just have to put up with. But it is not for your benefit. So how much is ten days of disruption worth? (Assuming this goes on until you vacate.) If you want to pursue it in small claims be sure to take pictures of what is going on and keep a diary of what is going on.
You can legally deny them access going forward if you want (that is your only legal right at this point) , but you've given permission to enter with the LL's key and letting them back in today, the next day and so on will be construed as "with your approval" even though the original agreement was for one day. You will have no claim against the LL in small claims. If you deny access you can negotiate a monetary agreement allowing them in. Get your security and a few bucks back early.
Last edited by modsquad81; 10-22-2010 at 11:25 AM..
No claim? Are you sure? The tenant apparently did not give approval to live in a construction zone...and most leases specify that the tenant must leave a key in possession with the super...this is not an implicit approval to let the LL or his agents into the apartment for non-emergency reasons.
The LL informed the tenant that he was replacing a few tiles. The tenant had the right to object at that point. OP is unclear as to him giving actual approval but by his silence I think approval is understood. (for the day). Going forward the tenant can deny access without explanation. But denying access would not allow the LL or construction crew to make tenant whole again (cleaning up the mess) so no judge would offer any free rent or money. In terms of electricity use, it's not worth pursuing. Seeking some sort of punitve settlement would also be a waste of time. Construction projects are inherently without unknowns and the LL has not intended actual harm to the tenant either by his actions or inactions.
Really, just move on. it is not worth the time and effort to basically get nothing, because that is what you are going to get. nothing...oh maybe a headache in the meantime.
but seriously, I am sure it was a mess and a pain in the arse, but for what you could possibly get, which you are not, is not worth your time.
In no way the LL has the right to come into a currently rented apartment in order to renovate for the next tenant.
You only agreed to a few tiles being replaced but instead you're being majorly inconvenienced without the full use of your bathroom and kitchen. The LL can only make renovations for the next tenant once you've vacated.
You have the right to peace and enjoyment of your apartment, this doesn't fit in my opinion.
What it's worth? I don't know.
For me it would be worth a lot. I'd be damn if a nasty workman put his hands on my clean towels and my toothbrush! Or my clean dishes for that matter!
I feel completely violated. I deserve free rent during this time period since I'm living in a construction zone.
I sympathize, however the only way you could claim free rent would be claiming you've been "constructively evicted" by the landlord. You would have to vacate the premises entirely with good reason why you could no longer remain.
You could get a rent reduction if you file with DHCR in your borough, even after you leave. Good luck with that however.
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