The landlord informed us that he would be fixing the roof of the apartment below us. We have known that these repairs have had to be done since last January, however, in doing so he will have to rip out our deck. He has not informed us of how much time this will take, and he will have to enter our apartment every day with construction workers. Are we entitled to a decrease in rent? Or at least some sort of written notice concerning the time frame involved?

Hello Dana:

You are entitled to reasonable notice - not necessarily written. Depending on where you live, that could be as little as 24 hours. You DO have the ability to reasonably refuse entry also, if you plan to have a birthday party at the same time, for example.

In the ordinary course of events, You are NOT entitled to a decrease in rent. It's your DECK, not your kitchen.

However, if the construction gets prolonged or your use of your living space is curtailed for any length of time, you may be entitled to compensation. There is no black and white on the matter, and I have no idea where you live. Every state has different landlord/tenant laws.

However, what you'd be entitled to and how to get it, are two different things. Indeed, if your landlord doesn't agree with your claim, you'll have to sue to get compensated. You COULD win, but you'll be thrown out of your home.

What I would do, if your life is seriously disrupted by this construction, is attempt to negotiate a rent abatement with your landlord. If you can't, then sue or not.

excon

You are definitely entitled to notice prior to them entering your unit. Standard is 24 hour notice, but double-check your lease for exactly what's required. Typically for an ongoing repair like that you'll be given a blanket notice... for example, that they'll be coming every day, weather permitting, until the work is done.

As far as you being compensated for the inconvenience, read through your lease carefully to see what it says. If the repairs are necessary and coming through/altering your unit is unavoidable and they are as considerate and unobtrusive as possible, technically, I doublt you're entitled to anything. However, as a landlord, I can assure you I personally wouldn't expect a tenant to put up with that without doing SOMEthing to make them happy.

Good luck,
Karla in TX

You are definitely entitled to notice prior to them entering your unit. Standard is 24 hour notice, but double-check your lease for exactly what's required. Typically for an ongoing repair like that you'll be given a blanket notice........for example, that they'll be coming every day, weather permitting, until the work is done.

As far as you being compensated for the inconvenience, read through your lease carefully to see what it says. If the the repairs are necessary and coming through/altering your unit is unavoidable and they are as considerate and unobtrusive as possible, technically, I doublt you're entitled to anything. However, as a landlord, I can assure you I personally wouldn't expect a tenant to put up with that without doing SOMEthing to make them happy.

Good luck,
Karla in TX

Thanks Karla