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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37881
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My lease states that the unit I am renting cannot be used for

Resolved Question:

My lease states that the unit I am renting cannot be used for work. However, I have been working remotely since I moved in. Before I decided to move the landlords were aware (it was discussed) and supportive - they were quick to quiet their dogs a couple of times when I needed to make work-related calls. When I decided to move, they said I could no longer use the unit to work remotely - is there anything I can do?
Submitted: 2 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question and thank you very kindly for requesting me to assist you further.

Hmm, if I may ask, do you know how the property is zoned? Is it zoned pure residential, or is it mixed? Also, what manner of work were you doing on the premises--was it a home office of some kind, or did you have physical presence?

Customer: replied 2 years ago.
The owners live and work out of their unit; the unit I am currently living in used to be used as their office. So given that, their unit might be mixed but I don't know what my unit is - so I will be verifying on Monday.

I work on the computer - accessing the my company's network sending/receiving emails mostly. A couple of calls per day. Yes, I was physically located in my apt. but my work does not require visitors.


The reason for the question is when I first moved in they were aware; the couple of times they had to quiet their dogs, I phoned them, informed them that I need to make work-related calls and they were eager to help. After my work-related calls, I phone up to thank them and my working from home was discussed again. No problems, issues, or concerns.


Their whole attitude changed when I gave notice to move - I am only asking to pay half rent for the days when construction took place - not the full month or days when construction did not take place. During this time it was not just that I could not work from home, I could not be in my unit or on the patio due to the noise and dust. No to mention the construction workers put up an awning, radio, etc. - it's a total construction zone and I have pictures. So my point is during this time I was majorly inconvenienced personally and professionally.


Thanks for your assistance.
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your follow-up, Michelle.

Not a problem, this is a situation where I can provide you with welcome news. The landlords CANNOT change the rules on you in the middle of the lease. Although the lease document provided a limitation on working within the property, since the landlords had 'actual notice' of your needs, and they worked with you, this would be considered a formal 'waiver' of that lease condition. By waiving it, they no longer can enforce it, especially since it can also be seen as retaliatory in nature. Therefore what you can do is ignore their requests, because such a request on their end is simply unreasonable. If they try to interfere, you can file suit in landlord tenant for breach of contract and breach of covenant of quiet enjoyment, and sue them civilly for possible intentional interference with your business interest as well. The latter is far harder to pursue and prove, but the landlord-tenant claims are fairly direct and easy to show, should it come down to litigation.

Good luck.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37881
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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