Remodeling

Maryland
My landlord has decided to remodel and is requiring tenants to move from the unit they currently reside in to a remodeled unit. This process will continue until all units are remodeled. I would rather remain in my current unit while the remodeling takes place. Do I have that right and if so what are my legal references?

[sandyclaus]

Originally Posted by Gal1 Maryland My landlord has decided to remodel and is requiring tenants to move from the unit they currently reside in to a remodeled unit. This process will continue until all units are remodeled. I would rather remain in my current unit while the remodeling takes place. Do I have that right and if so what are my legal references?

Most tenants have a problem with remodeling taking place while they are living in the unit. They are typically fighting the LL to force them to provide alternate accommodations or a rent credit to deal with the noise, interference, intrusions. Yet you actually WANT to remain in the middle of all that??

So, I am very curious why you would even want to stay in there while the construction and remodeling takes place??

Me too! The noise, the disruption, the dust and debris! Possible interruption of plumbing and electric, loss of use of facilities. That won't be easy to do. And if you willingly do this after the LL has offered you another unit, you cannot be compensated for the nuisance. You will pay full rent for the period. I don't understand why you would want this. If you refuse, the LL can refuse to upgrade your unit. You will end up paying the same rent as others, but not have the remodel that other units have had.

Are you planning to move soon? If so, could you just ask that they do other units and delay yours until you have moved out?

Originally Posted by sandyclaus Most tenants have a problem with remodeling taking place while they are living in the unit. They are typically fighting the LL to force them to provide alternate accommodations or a rent credit to deal with the noise, interference, intrusions. Yet you actually WANT to remain in the middle of all that?? So, I am very curious why you would even want to stay in there while the construction and remodeling takes place??

I am active duty military and have only lived in my current unit for one year and four months. I am scheduled to possibly deploy around December and the move would be a great inconvenience for my family. I am already stressed about my potential deployment therefore the last thing I need on my mind is to worry about moving when it is not necessary. They are only going to lay new flooring over the existing tile downstairs, remodel the bathrooms (total of 3 with 2 upstairs and one half bath on the first floor), replace kitchen cabinets-all minor work. Upon returning from my deployment, I will more than likely move to another duty station which would be two moves in less than one year.

That is certainly not minor work! A complete remodel of 2 and 1/2 baths, new flooring on the 1st floor, and a kitchen remodel. This is a major project here. You're talking about carpenters, plumbers, flooring guys. Possible drywall work in the bath or kitchen or electric work. Do you have any idea how much dust and work this will make?

How long will you be deployed? If you are like most, it could be anywhere from 9 months to a year at a time. Talk to the LL about your possible deployment. Maybe he could put off your unit until later. But if not, move now and help your family do this while you are still home and before you leave (so they can be settled in before Christmas). By the time you return, it will be next fall.

Originally Posted by Unregistered That is certainly not minor work! A complete remodel of 2 and 1/2 baths, new flooring on the 1st floor, and a kitchen remodel. This is a major project here. You're talking about carpenters, plumbers, flooring guys. Possible drywall work in the bath or kitchen or electric work. Do you have any idea how much dust and work this will make? How long will you be deployed? If you are like most, it could be anywhere from 9 months to a year at a time. Talk to the LL about your possible deployment. Maybe he could put off your unit until later. But if not, move now and help your family do this while you are still home and before you leave (so they can be settled in before Christmas). By the time you return, it will be next fall.

This blog is a complete waste of my time! It shouldn't matter what my reasoning is to opt to stay in my current unit. You obviously do not walk in my shoes, therefore do not totally understand my circumstances. Instead of a bunch of questions posed to me, maybe you should address my original question concerning the issue-Do I have the right to remain in my unit and if so what are my references.

[sandyclaus]

Originally Posted by Unregistered This blog is a complete waste of my time! It shouldn't matter what my reasoning is to opt to stay in my current unit. You obviously do not walk in my shoes, therefore do not totally understand my circumstances. Instead of a bunch of questions posed to me, maybe you should address my original question concerning the issue-Do I have the right to remain in my unit and if so what are my references.

This is not a blog, this is an advice website. You asked for our advise, and got it.

You are making such an unusual request here that we just needed to know the basis for the request. It helps to frame the answers we provide.

All that being said, there is no legal reference to do what you are asking. What makes the request so unusual is because most people expect to do just the opposite - they don't want to be around while this remodeling is going on. Having

This isn't a "blog". It's an advice forum. Throwing a temper tantrum just because you're not getting the answers you want is counterproductive.

Regardless of your reasons for wishing to remain in the unit, the landlord has the right, as it it their property, to remodel. They have to provide ample time and warning to the tenants. It sounds as if this has already occurred.

You have no legal grounds for staying in the unit. Either comply or find other living arrangements. You have no legal recourse.

Originally Posted by Unregistered This isn't a "blog". It's an advice forum. Throwing a temper tantrum just because you're not getting the answers you want is counterproductive. Regardless of your reasons for wishing to remain in the unit, the landlord has the right, as it it their property, to remodel. They have to provide ample time and warning to the tenants. It sounds as if this has already occurred. You have no legal grounds for staying in the unit. Either comply or find other living arrangements. You have no legal recourse.

Finally an answer to my original question although it doesn't seem as though you clearly understand that I am not opposed to the remodeling. I am simply requesting to stay in my current unit while they remodel to save the inconvenience of moving and also save the landlord the money they will spend to move the tenants. There are other tenants that feel the same way and are upset because they either just moved in or are getting ready to move to another duty station. We are all prepared to sign a waiver of liability in order to stay in our current unit while the remodeling takes place. I own a house and had some major remodeling while living there, therefore I am completely aware of all the noise, debris, etc. If the purpose of the move is to remodel, why should it matter how the end result is reached? You seem to be very opinionated and quick to judge without realizing that the tenant is the only one inconvenienced in this matter. Sure the landlord has the right because it is their property; I am a landlord and I surely would not be so heartless as yourself if my tenants had an issue and wanted to reach some sort of an agreement to keep all parties satisfied.

There are other considerations besides your willingness to put up with the noise and dirt. With you in the unit, remodeling will take much longer. It will cost the LL more money for the longer period. Workers will have to work around your schedule (shorter hours), around your belongings (what if they are destroyed or damaged), and will have to have extra insurance to cover them (in case anyone in your unit is injured during the remodeling). You, as residents, are not covered under their worker's comp policies. The workers will need to be extra careful while doing the work so as to protect your family and belongings. They will be inconvenienced while they are working. They won't be able to just come in and bang the work out as they could do in a vacant unit. There will need to be official notices to enter your unit. The LL has to consider what happens if you suddenly decide not to allow entry to the contractors. All of this equals more time, money, and work for the LL. That is why he wants all tenants to move out during the remodeling process. Even that waiver - it wouldn't hold up in court and the LL knows that. A sharp attorney could argue that you couldn't have foreseen that ____ would be injured by the power tool or that your family heirloom would be destroyed as the cabinet fell. The LL knows this. His insurance company knows this.

Then there is your inconvenience. While you agree to the noise and dirt now, what will happen when the work hits a snag (as it always does)? When the work takes twice as long because of the unforeseen problems that arise? When you have no water in the kitchen for days because the part is back ordered? When the electric is interrupted tie and again. When they have to rig up a makeshift stove hookup and move your fridge just so you can cook meals? When you start to complain about the delays? The LL won't want to hear it.

For these reasons and many more, the LL has asked you to vacate for the remodeling. You will be in the workers way and your presence can cost him much more time and money. Your presence hampers the remodeling process. And he has asked you to vacate during it.