Can my LL ask me to leave to fix apt?

Question

My rent-controlled apartment in Manhattan is being re- bricked

outside and the walls are crumbling . landlord said it’s a health hazard to stay , and asked me to leave for 7 to 10 days but not providing a hotel or an alternative space .
can they do that legally ?

Dave E. · Answer

@Marci Stein

What does your lease say?

Sounds like a legit reason to ask you to leave. As others have said generally you shouldn’t have to pay rent when you aren’t living there. Your lease may outline this for you.

Also, do you have renters insurance?  If you do, it may cover the cost of a hotel while the repairs are underway. You should check your policy.

Joe Splitrock · Answer

I am sure the landlord also finds it hard to accept that he is required to do repairs, but not allowed to charge you more rent. Rent control is what forces landlords to defer repairs and updates. Your landlord is likely required to refund pro-rated rents equal to the number of days you cannot be there. Contact your local housing authority and ask them.

Nathan Gesner · Answer

I'm not familiar with all the crazy NY laws, but it's generally understood that the Landlord cannot charge rent on a unit that is uninhabitable.

Talk to the Landlord and tell him you expect your rent to be reduced for the days you are unable to occupy. You may also ask if your unit will be cleaned when they are done, but that could be a bridge too far.

Marci Stein · Answer

@Scott Wolf that’s good - I’ll call him . TY!

Marci Stein · Answer

@Joe Splitrock Actually I just found out you are exactly right!

landlord is required to reimburse rent based on number of days not permitted to be in apartment.

Scott Wolf · Answer

@Marci Stein, not sure if this is legal for them not to provide assistance with housing, although it may be a renters insurance issue.  If you'd like, Henry Graham may be able to answer your questions. https://www.henryglaw.com/

Theresa Harris · Answer

Stay with a friend and ask for prorated rent for the time that you have to be out of the apartment.

Forrest Hayashi · Answer

Hi Marci,

Honestly, you are right. It does not make sense for you to paid the full month's rent when you are not allow to live there for half of the month potentially and who is insuring your personal items within the apartment in the case of a collapse?

Think you have a case and suggest to reach out to your LI for a rent credit based on the days the apartment is not available to you.

Cheers!

Marci Stein · Answer

Actually the city is mandating they fix the brick Walls and the roof for being in violation . hard to except I have to pay rent and cannot stay there!

Bill B. · Answer

New York is a strange and unique beast. You’ll need a NY expert to say the least. You would ASSUME the landlord knows what they can do but you never know That.

You could offer to sign a document saying you waive any rights to compensation for noise/dust/health problems but wish to stay. I also ASSUME they/you aren’t afraid of a collapse, just health problems. Otherwise I’d stay with a friend/co-worker or relative for a week. The Ll is probably spending 10’a of thousands to make your place nicer with no hope of higher rents. I’d say try to take it easy on them and not ask them to spend more. But,I am just guessing.

Can my LL ask me to leave to fix apt?

Most Popular Reply