If our landlord subdivides our leased property and proceeds to start construction of a new residence, are they required to issue a revised lease?

The landlord notified us informally that they were subdividing the property and would be looking for buyers. They have since sold one section of the land and the buyer began construction of their residence. It has since become an issue with their construction crew not providing us quiet enjoyment of the property. They have been using the water that we pay for and making a muddy nightmare of the gravel driveway that accesses both properties.

Asked on December 9, 2011 under Real Estate Law, New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Good question. If the landlord is subdividing the leased property is building another structure nearby, he or she is not required to provide you with a revised lease for the unit you are renting.

However, if you are being inconvenienced concerning the construction or are not being able to use all that you were paying rent for as far as space, then your landlord should give you some semblance of a rebate on your monthly rental. I would also discuss the issue of water usage that you are paying for which is being used by the construction crew.


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