The owner started remodelling the house, adding an extra room by stating that he is allowed to "make repairs" to the house at any necessary hours. Its is disturbing my life immensely. The noise is driving me crazy. I would like to know if this is permissible by the law?
2007-06-04 04:14:20 · 15 answers · asked by Alicia S 2 in Politics & Government ➔ Law & Ethics
The only part used as the rental agreement was "Tenant will permit owner at all resonable or necessary hours, to enter upon the premises for the purpose of making repairs." I am renting in the state of MN. The owner currently tore down the whole room upstairs to build 2 bedrooms. I live on the ground level.
2007-06-04 04:30:14 · update #1
Considering the additional information you just provided, your landlord's actions are completely unacceptable.
When you lease property, you are legally buying the owner's property rights for the duration of the lease, subject to whatever additional terms you and the landlord agreed upon.
You leased the entire house. You therefore have rights to the entire house. You and your landlord agreed that the landlord can enter only for the purposes of making repairs. Any other entry, even by the landlord, is trespass.
Repairs, in plain English, means fixing leaky pipes, perhaps clearing a drain, etc. By no stretch of the imagination would it include adding an extra room.
Maybe you can make a deal with the landlord... a reduction of rent in exchange for you allowing his remodeling project. Otherwise, you may need to sue him. Your suit would be for trespass to property.
Edit: szq has an idea. You can call the police the next time the landlord enters wthout your permission. I seriously doubt the police will do much, since they will call it a contract dispute and tell you to go to court, but there will at least be a police report that will state the landlord was in the house. This will be good evidence if you are forced to sue the landlord in the future.
2007-06-04 04:44:09 · answer #1 · answered by Mr Placid 7 · 1⤊ 0⤋
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2016-07-18 18:04:30 · answer #2 · answered by Anonymous · 0⤊ 0⤋
It doesn't sound permissible. In fact, the landlord usually have to inform you ahead of time to enter the property. And the property have to have necessary repairs. While you are renting from the property, that property is now yours during your lease. Look at your lease and check all clauses carefully. There is sometimes a quiet enjoyment clause and check out your rights as a tenant for your state. He definitely can't make renovations at all hours. If I were you, I would even call the police because even though he is the landlord, make it clear you are not giving permission for entry and call the police on him for trespassing. Have your lease agreement in hand when they arrive. The days of illegal entry went out the window with the War of Independence.Even if there aren't certain clauses in your lease agreement, there might be state laws that will protect you from illegal clauses in your lease agreement or lack of certain agreements in your lease.
When I used to rent, the property owners had sold the property to another company. The new company wanted to go into the units and make note of whatever. They asked my permission and I said no. I told them that if I do catch anyone in my apartment I was going to call the Police on them for trespassing because they were not making repairs and had no business there. They did not enter that apartment until my lease was up. :)
2007-06-04 04:34:14 · answer #3 · answered by szq 2 · 1⤊ 0⤋
there is 4 the clarification why the owner of the homestead you're renting is sending an appraiser. he's the two going to sell it, consistent with threat he's hoping to get a decrease appraisal so taxes would be diminished, he desires to make effective the home is insured for the appropriate volume, he's thinking refinancing the present loan or, he's thinking disposing of a loan on the valuables. In any adventure, this is going to no longer impression as a renter.
2016-10-09 10:43:15 · answer #4 · answered by ? 4 · 0⤊ 0⤋
You will need to check local ordinances. Generally, a landlord is allowed to make repairs to a rented house, but is limited to necessary repairs and usually must give some notice that these repairs are going to be made. Depending on where you live, there are ordinances limiting when certain types of work may be done. There are also privacy issues that limit the landlords access to your living spaces.
2007-06-04 04:33:22 · answer #5 · answered by fangtaiyang 7 · 0⤊ 0⤋
Check your lease for the conditions under which he can remodel the house during your tenancy. Adding a room is not generally considered "making repairs." In any event, he has agreed to deliver a habitable house during the term of the lease. If the noise makes it not habitable, then you could get out of your lease. Check your state laws regarding renter's rights as you might have to pay your rent into an escrow account as the two of you work out your differences.
2007-06-04 04:21:20 · answer #6 · answered by Marc D 3 · 2⤊ 1⤋
Most times depends on the rental agreement lease terms. However they will do whatever it is necessary when being rented from to bend the law. The worst that can happen is you both come to a verbal agreement or move. Sounds like a real asshole of a landlord to me.
2007-06-04 04:18:35 · answer #7 · answered by writethewrong 2 · 1⤊ 1⤋
Read your lease. It may contain express language whereby the landlord agrees that you shall have "quiet enjoyment" or similar terms. Your state may also have such a covenant embedded in its statutes and/or common law. Consult a lawyer.
And, I doubt that the addition would be construed as "repairs".
2007-06-04 04:23:52 · answer #8 · answered by Anonymous · 1⤊ 0⤋
If he has clear title to the property, and the necessary permits, he is entitled to make any improvements to his property...
However, if he is calling adding a room a "repair" to existing property, he is bound, as a landlord to inform you prior to starting, what these repairs are, how long they will last, and how they will effect you...
You should check with the City Manager in the town you live in, and ask to see the regulations concerning renter's rights in your town...Your right to privacy may be violated and you may be entitled to compensation for your discorfort...
2007-06-04 04:20:47 · answer #9 · answered by BAM55 4 · 2⤊ 1⤋
Depends on the laws of your state and what you agreed to in the lease agreement, but generally speaking a landlord is allowed to make repairs and even add on to a house he/she owns and you rent. You may want to try calling a lawyer in your area -- look in the Yellow Pages for lawyers that give free initial consultations.
2007-06-04 04:18:29 · answer #10 · answered by Anonymous · 0⤊ 3⤋