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Can a landlord keep us in our apartmenct for 8 to 12 hrs while

 

Customer Question

Can a landlord keep us in our apartmenct for 8 to 12 hrs while resurfacing the sidewalk outside?

 

Optional Information:
Country relating to Question: United States
State (if USA): Washington

Already Tried:
Talked to manager and he says there is nothing he can do. We have two small children and can't be gone for 8 to 12 hrs on this Friday and Saturday.

Submitted: 325 days and 1 hours ago.
Category: Landlord-Tenant
Value: $28
Status: CLOSED
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Expert:  Lady Themis replied325 days and 1 hours ago.

In what way would the landlord be keeping you in your apartment while the resurfacing is accomplished?

Customer replied325 days and 1 hours ago.

The apartment building is going through a major refit or all the walkways. The original schedule was for yesterday and today. I cancelled all appointments and was prepared to be imprisoned (can't come or go during curing time or the concrete for 8 to 12 hrs) with my children. Gave notice to the court (I'm the county jury coordinator) I wouldn't be in and moved all my appointments to Friday. Now they have moved the project to Friday and/or Saturday. We have work on Friday and church and a wedding (husband is a minister)on Saturday. We have to be able to come and go with our two kids, ages 1 and 3, for naps, feeding, changing, etc. The manager says there is nothing he can do, the tenents just have to deal with it with either being in or out of their apartments for up to 12 hours on either day.

Accepted Answer

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Expert:  Lady Themis replied325 days and 1 hours ago.

Implied in the warranty of habitability bestowed on all tenants is the right to access in and out of the rental unit. If you are forced to seek alternative housing during the time period that your access is limited, you may be able to use the repair and deduct remedy in which you deduct a portion of your monthly rent for the purpose of paying for your accommodations for that night. There are certain notice requirements before doing so, and I never recommend using these types of methods without consulting with a local attorney because of the possibility of eviction.

Alternatively, you may wish to contact your landlord and request that he pay for your accommodations for the night.

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Expert TypeArbitrator
Category: Landlord-Tenant
Pos. Feedback: 94.5 %
Accepts: 144
Answered: 6/28/2012

Experience: Experience in eviction matters, landlord/tenant disputes and lease preparation

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