I would like to know what are my rights as a tenant, when there are repairs being made to the property and I am unable to stay at there?

My unit got slightly flooded from the outside, the HOA where I stay is going to pay for the repairs. My landlord has removed himself for the situation, so I am responsible for making sure that the workers can get into the property. I have not been able to stay at the property because there is mold in the walls. This has become a big inconvience to me because I have to miss work to allow people to get in plus I have to stay with family in friends while the repairs or being made. Plus my utilities are being used for these repairs. I would to know should I asked for some type of compensation?

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


Bruce Broyles / The Law Office of Bruce M. Broyles

Answered 8 years ago | Contributor

I would write a letter to your landlord and send it by regular mail as well as by certified mail, stating that your rent should be abated while you have been removed from the premises due to the flooding and construction.  If your rent is not abated you will file your rent with the clerk of courts having jurisidiction over your leased premises.  You must allow 30 days for your landlord to respond, then take a copy of the certified letter to the clerk of courts and ask to have an escrow account established for your rent.

In that letter you should also notify your landlord that you expect rent to abate in the amount of lost wages you suffered as a result of being required to provide access to the leased premises to construction workers.  You are not his property manager and you will not lose any additional time from work unless the landlord agrees to abate your rent accordingly.

Your landlord will likely file an eviction action, the legality of which is questionable, but you must realize that asserting your rights often come at a high price and inconvenience.  Weigh the costs and benefits before taking any action.

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