Am I legally required to allow my landlord to do construction work in my apartment if it’s not a repair or necessary?

They are “upgrading” the apartments and want to work in all of the apartments, including those that are currently inhabited. These are not repairs, not necessary, and not agreed upon by me. State renter’s rights would seem to back me up but I would like some clarification. The apartment manager says that I have no choice. May I legally refuse this unwanted intrusion?

Asked on June 25, 2012 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

To answer your question, you first need to read what is contained in your presumed written lease about "upgrades". If there is language in your lease agreement as to such, the language controls in the absence of conflicting state law on the subject.

If there is no language on the subject of "upgrades" then from what you have written in conjunction with your state's renter's rights you seemingly do not have to allow the "upgrades" as opposed to necessary repairs. The result is that if the "upgrades" happen, you will be inconvenienced and if you are inconvenienced due to the "upgrades", the landlord should compensate you for such. I suggest that you consult with a landlord tenant attorney to write a letter on your behalf regarding the subject matter.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.