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J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 2242
Experience:  Experience in residential real estate and commercial leases.
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My tenants lease is up Dec 31. I have allowed a few day's

Customer Question

My tenants lease is up Dec 31. I have allowed a few day's extension to Jan 4th to facilitate their move. They just asked for an extension through January. I have plans in place to start a full kitchen remodel the 2nd week of January.
I would like to allow them to stay the first two weeks on January with prorated rent with the understanding that I take possession of the property in mid January. They could then stay in my home for the remaining two weeks with the understanding that the kitchen may not be functional and the water and electricity may be turned off for periods during the day.
My question is, do my renter's rights trump my ownership rights in this situation? I do not want to open myself up to a law suite. At the same time I would like to be as accommodating as possible without delaying my remodel.
What is your opinion?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  J. Warren replied 1 year ago.

Hello my name is ***** ***** I look forward to providing you information. Please note:

(1) this is general information and is not legal advice. I never propose a specific course of action. There is no attorney-client relationship or privilege that is formed when communicating to an expert on this site. The site repeats this disclaimer numerous times. By continuing, you confirm that you understand and agree to these terms; and

(2) there may be a slight delay between your follow ups and my reply while I am typing out my answer.

In your efforts to be accommodate your renters you will subject yourself to the risk of the renters turning on you and claiming you did not provide them with a habitable residence via a none functioning kitchen. In other words, you do put yourself at risk as the renter rights trump your home ownership rights as long as they are tenants. At minimum this should all be in writing as the understanding between the two of you, however, this may help reduce the risk but not eliminate the risk.

I am sorry to have to be the bear of bad news.

All my best & encouragement.

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All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you.