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-   -   Landlord Constructs New Room In Home. Legal? (https://www.askmehelpdesk.com/showthread.php?t=585775)

  • Jul 5, 2011, 03:19 PM
    angrytennant
    Landlord Constructs New Room In Home. Legal?
    My landlord moved all of my stuff out of my living room and built a new bedroom. This happened with 45 days left on my lease. There was saw dust, and clutter everywhere. He also kept all of my security deposit and did not tell me for 45 days. I am suing him for twice the amount of the deposit, and my last months rent, as he took over my living room while I was still in contract and paying. I have pictures of all the construction. I called the local police and they served him with a notice that he can not be doing construction on the property until I moved out. I have a copy of that notice as well. Do I have a leg to stand on?
  • Jul 5, 2011, 03:24 PM
    cdad

    It sounds like you do. Did the landlord state why they kept the deposit?
  • Jul 5, 2011, 03:30 PM
    angrytennant
    Comment on califdadof3's post
    Yes, he had a list of absurd things like repainting the basement, (when the basement was NEVER used ever by anyone) professionally cleaning the carpets (which were muddied by his workers boots) and repainting the walls. I would post links to the pictures but who knows if he is snooping around forums like this. Oh well, here are two.

    http://imageshack.us/photo/my-images/832/img0296cf.jpg/
    http://imageshack.us/photo/my-images/39/img0299zu.jpg/
  • Jul 5, 2011, 03:55 PM
    cdad

    Did the landlord provide any relief while construction was going on? How long have you lived in that unit? What state is this happening in ?
  • Jul 5, 2011, 05:06 PM
    AK lawyer
    Quote:

    Originally Posted by angrytennant View Post
    My landlord moved all of my stuff out of my living room and built a new bedroom. ... he took over my living room while I was still in contract and paying. ...

    Why did you let him do it? What you should have done is refused to let him and his workmen in. If they forced their way in, or refused to leave when you demanded that they do so, you should have called the police.

    Quote:

    Originally Posted by angrytennant View Post
    would post links to the pictures but who knows if he is snooping around forums like this. oh well, here are two.

    :)

    Do you care if he sees the pictures? I fail to see why you should.
  • Jul 5, 2011, 05:16 PM
    twinkiedooter

    Looked at your pictures. What's to see? Not much.

    Did he have a building permit when he did this remodeling and adding on of a room? If he didn't, contact building dept and turn him in for no permit.

    Take him to court and let the Judge decide.

    Was anything of yours ruined, damaged, etc? If nothing ruined or damaged you basically have just your stuff moved elsewhere in he unit so nothing to sue over there.

    The doubling of the deposit is not going to happen. You can sue for the original deposit to be returned but not double damages.
  • Jul 5, 2011, 05:20 PM
    AK lawyer
    Quote:

    Originally Posted by twinkiedooter View Post
    ...
    The doubling of the deposit is not going to happen. ...

    Are you suggesting that statutory penalties regarding accounting for and return of security deposits are not enforced?
  • Jul 5, 2011, 06:50 PM
    angrytennant
    Comment on califdadof3's post
    He didn't pay us anything. In fact he took our whole security depo
  • Jul 5, 2011, 06:54 PM
    angrytennant
    Comment on twinkiedooter's post
    I guess you wouldn't mind it if your landlord took your living room and turned it into two bed rooms? And I guess you wouldn't mind having your hall ways completely covered in dust and mud footprints everywhere. And then you wouldn't care if he took your whole security deposit to clean it all up? He didn't have a building permit. This was on the front of the door because we DID call the cops. Then they came again, and we called the cops again and the cops threatened to arrest all the workers if they didn't leave, so they all left. Here is the notice.

    http://imageshack.us/photo/my-images/841/051ps.jpg/

    I don't understand how you find those pictures no big deal? As for double, you can sue for double the amount in PA if it is not returned or you are not given a statement within 30 days of moving out.
  • Jul 5, 2011, 06:55 PM
    angrytennant
    Comment on twinkiedooter's post
    My stuff wasn't just moved, my LIVING ROOM, was compromised for 45 days. With construction being done inside of the house. My house was a 6 person apt. He made it into an 8 person apt while I was still living there with 45 days left. I should not have to pay last months rent if you completely modify the house I rented for a year.
  • Jul 5, 2011, 06:56 PM
    angrytennant
    Comment on AK lawyer's post
    I did call the cops, and there was a notice placed on our front door. I went on vacation and came back to more workers inside the house even with the notice on the front door. Here is the notice.

    http://imageshack.us/photo/my-images/841/051ps.jpg/
  • Jul 5, 2011, 07:00 PM
    ScottGem

    First, ANY question on law needs to include your general locale as laws vary by area.

    There are laws about how long a landlord has to return your deposit or an accounting of how it was used. If your landlord did not meet the deadline there are often double or treble damages. If he did meet the deadline, then you may dispute the charges, but are unlikely to get punitive damages.

    As to the remodeling, since when do the police get involved in a landlord tenant dispute? If you told us the housing dept was called I can understand, but the police?
  • Jul 5, 2011, 07:02 PM
    excon
    Quote:

    Originally Posted by angrytennant View Post
    He made it into an 8 person apt while I was still living there with 45 days left. I should not have to pay last months rent if you completely modify the house I rented for a year.

    Hello tenant:

    I wonder why you complain NOW, long after you were inconvenienced... You HAD the right to a "habitable" home, but if you didn't DO anything about it WHEN it was happening, a judge might wonder WHY. In fact, the law REQUIRES that you act upon your rights WHEN they're violated, or you could LOSE them... You may have done that.

    You COULD have moved into a 5 star hotel and billed your landlord... But, that was then...

    Sue him in small claims court, and let us know how things turn out.

    excon
  • Jul 5, 2011, 07:24 PM
    angrytennant
    Comment on AK lawyer's post
    I called that number on the bottom of that notice multiple times with no answers. Even if I call to this day, the phone just rings and rings with no answer. Philadelphia public services at their best...
  • Jul 5, 2011, 07:24 PM
    angrytennant
    Comment on ScottGem's post
    I called that number on the bottom of that notice multiple times with no answers. Even if I call to this day, the phone just rings and rings with no answer. Philadelphia public services at their best...
  • Jul 5, 2011, 07:27 PM
    angrytennant
    Comment on excon's post
    My main complaint isn't about the construction. Yes it was a hassle and annoying and I was pissed when I found out, but my real complaint is about the security deposit. He kept all 500$ of it, and the pictures absolutely show the construction being done to the house WHILE I still lived there. Then he listed THOSE damages in my report for the deposit. I also decided to wait 30 days to file the lawsuit. I didn't want to file one for the construction then one for the security deposit. I didn't wait that long, it was just one month. I am also a student taking summer courses and a full time job so time is precious and hard to work with for me. 30 days is not like I waited a year and decided to file cause I need some money now. I moved out May 31st, didn't hear from him by June 31st, so now I am filing the suit.
  • Jul 5, 2011, 07:39 PM
    angrytennant
    Comment on excon's post
    I'm a student, who lives in Philadelphia. I can't move into a 5 star hotel unless I go into center city and that is a longs way from my campus.
  • Jul 5, 2011, 07:53 PM
    AK lawyer
    Quote:

    Originally Posted by angrytennant View Post
    I'm a student, who lives in Philadelphia. I can't move into a 5 star hotel unless I go into center city and that is a longs way from my campus.

    excon isn't saying it has to be a 5-star hotel. A 1-star would have worked too. :rolleyes:

    Quote:

    Originally Posted by angrytennant View Post
    i called that number on the bottom of that notice multiple times with no answers. Even if I call to this day, the phone just rings and rings with no answer. Philadelphia public services at their best...

    What does a phone number on the bottom of the stop-work order have to do with anything? What I was saying is that, it seems to me, if your LL didn't give you the required notice regarding your deposit, you can seek the penalty in small claims court.
  • Jul 5, 2011, 08:03 PM
    Fr_Chuck

    First I will challenge the fact that a landlord has the right to do remodeling or other improvements. I have owned apartments and rental homes..

    It sounds like you live in a rooming house, where you rent a bedroom along with several other people. So you still had your bedroom and the kitchen, what you lost was use of a living room.

    What does your lease state about use of specific rooms ?

    Next not sure why they were using the front room ? Most construction goes from the outside, and then inside the room, but they would be walking though, ** unless they remodeled the front room also.

    But as the owner of the property, I have the right with notice, to go in an paint, put in new flooring, new siding on the outside of the home, and if I wanted, add additional rooms. There is nothing that could be filed to stop me from work on a home I own.

    If part of the property that you have a lease on, is not usable, I may be required to give you credit on your rent. Nothing more. If I had a rooming house ( and I have before) common areas are allowed for common use, but they don't belong to any one member of the house.

    As for the deposit, that will have to stand on the facts that were given
  • Jul 5, 2011, 08:19 PM
    angrytennant
    Comment on AK lawyer's post
    Yea sorry that comment wasn't for u. that comment was for the poster above u. I don't know how to delete comments :P

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