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Old 06-22-2020, 09:58 AM
 
9 posts, read 9,470 times
Reputation: 25

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I rent an apartment in Pennsylvania.
The apartment above us has been vacant since we moved in six months ago, apparently because it "was not ready" to be rented. That's all we were told.
Last week landlord advised us there would be construction in that apartment through at least July which began the very next day (resulting in lots of construction noise so far).
Then this morning there is a knock on our door. It's the plumber who is doing the work upstairs telling me that he needs access to our apartment for a few hours because that's where the plumbing connections (or something like that) are for the upstairs apartment.
I told him he wasn't coming in today, advised landlord of same...but landlord tells us he is going to come back tomorrow.
Completely uncomfortable with this as we are still dealing with pandemic conditions. Allowing a stranger into apartment for hours when it is not essential when we are still not visiting with family and friends.
I found an article that cites the CDC guidelines for landlords for such a situation:
COVID-19 is highly contagious and the virus can last for days on several types of surfaces. Therefore, do not enter homes, especially without informed consent of those with COVID-19 risk factors, unless it is for a critical repair or emergency involving a condition that makes the apartment uninhabitable. Uninhabitable conditions for these purposes include but are not limited to the following: lack of running water, lack of hot water, lack of heat, infestation of insects or vermin, inoperable toilet, serious water leaks, and lack of electricity.
Any suggestions on how to proceed or do I have no recourse for protecting our health because I rent?
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Old 06-22-2020, 10:36 AM
 
486 posts, read 416,428 times
Reputation: 559
A CDC guideline isn't really a law, it's a guideline.

Lack of proper plumbing does make a place uninhabitable.

If he gives you 24 hours' notice and then goes in, he gave proper notice.

You can't expect them to not rent the place or make the place rentable just because there is a pandemic going on. I think it's reasonable you ask the plumber to disinfect his hands, wear a mask, etc. while in your apartment, but to expect a landlord to simply sit on an empty unit for many months longer just because you'd prefer one plumber isn't in your apartment for 3 hours to do necessary work is unreasonable.
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Old 06-22-2020, 10:46 AM
 
Location: Phoenix, AZ
6,341 posts, read 4,908,150 times
Reputation: 17999
Agree with LLinVA.


Insist on appropriate precautions by the plumber, wear your own masks while he's there, sanitize after he's gone.


Failure to comply with the entry request could get you evicted.
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Old 06-22-2020, 10:57 AM
 
9 posts, read 9,470 times
Reputation: 25
I can't seem to find where I said I expected him to not rent the place. I only asked a question about whether or not I could or could not have any say over who comes into my apartment during a pandemic. It was/is a genuine question that I thought better informed people could help me with.
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Old 06-22-2020, 11:22 AM
 
Location: Phoenix, AZ
6,341 posts, read 4,908,150 times
Reputation: 17999
Quote:
Originally Posted by Norah S. View Post
I can't seem to find where I said I expected him to not rent the place.

You didn't have to "say" it. Noncompliance with the entry notice would have that result.



Quote:
Originally Posted by Norah S. View Post
I only asked a question about whether or not I could or could not have any say over who comes into my apartment during a pandemic.

You certainly have the ability to deny access as long as you are willing to accept the potential consequences of doing so.


Your lease likely gives the landlord right of access with proper notice for legitimate reasons. And you cannot unreasonably deny access. He also has a common law right to access his property for repair and maintenance even if it's not specified in your lease or the PA statutes.



Will a court find that your denial of access due to the pandemic fears is reasonable? I have no idea. There is a multitude of things going wrong because of the pandemic that will end up in court some day when things get back to normal. Do you want to be one of them?


Quote:
Originally Posted by Norah S. View Post
It was/is a genuine question that I thought better informed people could help me with.

Implying that we are ill-informed because we did not pat you on the head and give you the answer that you wanted to see? No need to get snotty. You're talking to a landlord and a former landlord, both of whom are quite well informed on landlord-tenant matters.
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Old 06-22-2020, 12:50 PM
 
Location: Phoenix, AZ area
3,365 posts, read 5,240,667 times
Reputation: 4205
Hard to say how a judge would rule. Even without a court case I'd wager you will get a non-renewal if you refuse entry. Make them wear gloves, masks, and booties and only the minimum required number of people are in the unit. Stay away from them and sanitize after they are gone.

Also, CDC guidelines are not law and even if it was it appears the specific reason for entry is outlined as an acceptable reason to enter the unit.

Quote:
Originally Posted by Norah S. View Post
It was/is a genuine question that I thought better informed people could help me with.
You can't be serious with this one... This is probably the most entitled little brat comment I've seen on this forum in a long while. "Better informed" people answered your question, grow up.
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Old 06-23-2020, 07:48 AM
 
486 posts, read 416,428 times
Reputation: 559
The way you worded it made it sound like you wanted to outright refuse entry even though they need to do the work to rent the place. That implies that they should not make the place ready to rent, which would mean they can't rent it.

You did exercise your say over entry by refusing entry for 24 hours. You should also ask for very reasonable things such as only the plumber, he should wear a mask, etc.

If this wasn't your question, then it wasn't clear. What else exactly were you asking about?
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Old 06-23-2020, 10:37 AM
 
Location: NC
9,361 posts, read 14,111,535 times
Reputation: 20914
I understand your concern. You have been sacrificing your psyche for weeks because of your vulnerability. Ask the plumber how long the job will take. Is there a way to have him or the landlord take his temperature and maybe sign off that he has had no known covid contact? He should at least wear a bandana to catch droplets from his breath. Then you will probably be fine.
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Old 06-24-2020, 08:20 AM
 
Location: Glen Burnie, Maryland
2,039 posts, read 4,555,611 times
Reputation: 3090
"You can't be serious with this one... This is probably the most entitled little brat comment I've seen on this forum in a long while. "Better informed" people answered your question, grow up."


I may be wrong but I think the OP was saying that they were asking because the people in this forum ARE better informed than the OP. I don't think they were saying that the answers they were receiving were from people that didn't know what they were talking about (uninformed). Just my take on it (which could be incorrect also).
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Old 06-24-2020, 11:23 AM
 
15,799 posts, read 20,513,219 times
Reputation: 20974
Quote:
Originally Posted by AZ Manager View Post

You can't be serious with this one... This is probably the most entitled little brat comment I've seen on this forum in a long while. "Better informed" people answered your question, grow up.
I think the OP was stating that the people in this forum generally are better informed. It was not an insult, but a compliment to the knowledge of the forum
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