What are my rightsif my apartment building is under major exterior construction?

UPDATED: Feb 26, 2012

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What are my rightsif my apartment building is under major exterior construction?

We are completely enclosed in wrapping and they are chipping away at the “stucco” and will then be replacing it with other siding. They are in their fourth week with no signs of it being completed soon. It is extremely loud. It’s claustrophobic. It’s difficult to get in and out of the building. Material is flying down and could easily hit someone. Shouldn’t they relocate us or not require rent during this time. In addition I was out of town when they first started construction (gone only 3 days) and they failed to give any advance notice so I came home to find all of patio contents move. Do I still have to pay rent? I can’t even see out my windows.

Asked on February 26, 2012 under Real Estate Law, Washington


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The best way to start in getting your question answered is to carefully read your presumed written lease to see if there is any language as to what recourse you may have in the event of major repairs such as a rental rebate. If there is language to that effect then that provision controls.

If the lease is silent as to construction issues, then under the laws of all states, your only recourse would be to ask the landlord for a rental rebate if you can actually use your unit. If you cannot use the rental, then you should not be obligated to pay rent.

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