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KimberlyLaw
KimberlyLaw, Attorney and Real Estate Broker
Category: Landlord-Tenant
Satisfied Customers: 4198
Experience:  13 years of real estate experience including foreclosures, landlord tenant matters, residential sales and condo/coop matters.
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Landlord posted a notice of entry yesterday 8/1/16 on my

Customer Question

Landlord posted a notice of entry yesterday 8/1/16 on my door. Reason to search for mold. We already did that last week. After the posting, I emailed him letting him know the leak from my upstairs neighbors shower was still leaking. Today he emails me to say he will be taking out walls and ceiling in my bathroo and walls in my kitchen. Find a place to live for a few days. Nothing regarding the scope of work was on the notice of entry nor the fact it would take three days or that I had to find a place to live. Plus I think I have bronchcitis.
Submitted: 4 months ago.
Category: Landlord-Tenant
Expert:  KimberlyLaw replied 4 months ago.

Hello, I am a real estate attorney and am happy to assist.

You have the right to stay in a hotel and have the landlord pay for it until all the work is complete. I hate to tell you this but it doesn't sound like work that will be done in 3 days. I would guess closer to 2-3 weeks.

You don't have to pay rent for the time that the work is being done, and you can deduct some of your past rent as well for the time when you had the leak and mold, etc. You also can collect for any medical bills if you don't have insurance, and any other damages you have.

I would let the landlord know in writing that you are not going to pay rent while the work is being done and you are going to deduct half of the rent for the period of time when the leak was happening. That means you have a credit going forward for next month. You should also demand that they pay for a hotel during construction. I would send this letter by certified mail with return receipt so you have a record of everything.

Let me know if you have any questions about this.

Thanks

Kim

Expert:  KimberlyLaw replied 4 months ago.

Hello, I just noticed that this question is still open.

I hope my answer was helpful. Please be sure to rank my answer so that I get credit for my work with you. A positive ranking in the top three would be appreciated.

Thanks and take care,

Kim