Ask Altagracia: Do I have to move out temporarily if the landlord wants to make repairs?
- You don’t have to move out unless conditions in the apartment are illegal or dangerous
- If you decide to vacate, get a detailed relocation agreement before you leave your rental
If you are being asked to vacate, speak to an attorney and ensure the terms of your temporary relocation are clearly spelled out in a written agreement.
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My landlord said I need to vacate my apartment while they make repairs. I refused and they said they would take me to court if I don’t move out. What are my rights?
A landlord needs a tenant’s permission in writing to make renovations in an apartment. In most cases, you don’t have to vacate your apartment for your landlord to do the work. Equally, the landlord is not required to pay for you to relocate. “There’s a reciprocal lack of duty, so if both parties have something to lose, what tends to happen is you come to an agreement where the tenant leaves and the landlord pays towards the relocation,” said Altagracia Pierre-Outerbridge, attorney and founder of Outerbridge Law representing residential tenants, condo owners and landlords.
If you are being asked to vacate, speak to an attorney and ensure the terms of your temporary relocation are clearly spelled out in a written agreement. This needs to include the length of time for repairs, who pays for it, and your guaranteed right to return to the apartment under the same lease terms at the end of the project.
Illegal conditions can require relocation
Even though most tenants typically don’t need to move out for repairs, there is one important exception: If conditions in the apartment are illegal, a court may force you to move out. “You have to take a reasonable position—if there are conditions where your life is in danger, the court will decide in the landlord’s favor," Pierre-Outerbridge said.
So if the landlord is asking you to move out because there is a fire hazard or some other illegal condition, you can use this as leverage to get a temporary rent reduction or a favorable relocation. However, you cannot choose to remain in the apartment. “In that case, the landlord will likely go to the State Supreme Court and successfully seek an injunction against you,” Pierre-Outerbridge said.
Disputes where a landlord wants a tenant to move out for repairs most often arise in rent-stabilized apartments where lease renewals are automatic and rents are capped. “If you’re not rent stabilized and you’re not covered by Good Cause, which prevents eviction or non-renewal without a valid reason, at some point your landlord can simply wait for your lease to end and choose not to renew,” Pierre-Outerbridge said. Good Cause does not apply to apartments in buildings where the landlord owns 10 or fewer units.
Negotiation is essential
Both sides have to be reasonable when renovations are involved, so it’s important to negotiate with your landlord. Pierre-Outerbridge recently handled a case where a landlord needed to repair a staircase in a walkup. The tenant had the right to stay, but the landlord also had an obligation to fix the hazard. That created an opening for the tenant to negotiate a favorable relocation agreement. Had the tenant refused to talk and let the issue go to court, they might have ended up with nothing. “It’s a fine line,” Pierre-Outerbridge said.
Another common situation is an elevator that needs to be offline for repairs. If the building has only one elevator and older residents can’t manage the stairs, this can be an opportunity to negotiate a temporary relocation.
Always get a detailed relocation agreement
If you want to return to your apartment, this needs to be negotiated ahead of time. “No tenant should move out without a relocation agreement,” Pierre-Outerbridge said. The agreements she writes are lengthy—up to 30 pages. “A lot of things happen when you are out of your apartment; contractors don’t show up, there are disputes and labor shortages,” she added.
You will want to cover every eventuality in your relocation agreement. This includes the basics like storage, moving services, and loss or damage to property. The agreement might also cover whether you can visit the apartment during the renovation and if air quality is tested after sanding work. If the construction team uses the electric outlets in your unit, the agreement can outline who is responsible for the apartment’s utility payments.
“If you don’t have an attorney you might get an agreement that is two pages and all of that is missing,” Pierre-Outerbridge said.
In a recent agreement drafted by her firm, a tenant was able to include a clause about adding hand rails to the bathroom—and even picked out a new tile color. “You really need an attorney for that level of detail,” she added.
Altagracia Pierre-Outerbridge, Esq. is the owner of Outerbridge Law P.C, focusing primarily on tenant representation. The firm represents all sides in landlord-tenant litigation and transactional matters such as month-to-month holdovers, nuisance cases, licensee cases, harassment claims, repair cases, tenant buyouts, succession claims, DHCR overcharges and rent reductions and more. Pierre-Outerbridge has 15 years of experience litigating in Supreme, DHCR, and Housing Court. To submit a question for this column, click here. To contact Outerbridge Law P.C. directly, call 212-364-5612 or 877-OUTERBRIDGE, or schedule a meeting today.
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