Can I demand that my landlord put off roof repair for hail damage until I move out out in 6 weeks because the noise hurts my autistic son’s ears?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I demand that my landlord put off roof repair for hail damage until I move out out in 6 weeks because the noise hurts my autistic son’s ears?
My landlord notified me 2 weeks ago that she was moving and that I had 60 days to vacate the premises. In the meantime, she had a roofer look at the roof on the home that I am renting, and it was determined that it needed full repair. It is not leaking. The contractor said that it would take 2 days of dawn to dusk working to repair this. I have a son with autism and he is very sensitive to noises. All of my relatives are located in another state so we have no where to go, nor do we have the money to stay in a hotel for the 2 days that the work will be going on.
Asked on May 12, 2012 under Real Estate Law, Kentucky
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
No, unfortunately tenants do not have the right to determine when a landlord does repairs or maintenance on his or her property. While a landlord is prohibited from violating a tenant's "right to quiet enjoyment" of his or her property, 1) this right is not absolute, and can be overcome for necessary repairs or maintenance (and "necessary" does not require that they be "urgent"), and often even to make improvements; and 2) is judged by the standard of a hypothetical "reasonable" or average tenant, not by the standards of the specific affected tenant, if he or she (or his or her family) is particularly sensitive. From what yo write, it appears the landlord can do this work.
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.