Author Topic: Landlord redoing roof - TOMORROW!  (Read 16888 times)

Turkish

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Landlord redoing roof - TOMORROW!
« on: August 29, 2015, 02:54:49 PM »
Hi all this is my first post but I really need advice.

Landlord just informed us they are putting a new roof on tomorrow and I feel like asking for some sort of compensation.

They haven't given us a specific time frame, a couple of days or maybe a week. I know we will be annoyed by the noise and probably get woken up by this each morning so I am thinking of staying in a hotel until it is done.
Would it be unreasonable to ask for them to comp us if we can't stand being home? After all we do have tenant's right to peaceful enjoyment of the home.

Thanks for any insight.

Papa bear

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Re: Landlord redoing roof - TOMORROW!
« Reply #1 on: August 29, 2015, 02:58:46 PM »
I'm going to vote for unreasonable.  The house is still livable through the install, and would probably only be a few days.  Reasonable repairs are necessary to complete.  If there are any damages directly related to the project, you could ask for that back.


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Cathy

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Re: Landlord redoing roof - TOMORROW!
« Reply #2 on: August 29, 2015, 03:03:01 PM »
Would it be []reasonable to ask for them to comp us if we can't stand being home?

The answer is a definite "maybe", depending on all the facts and which jurisdiction you are in. Subjective judgment by the posters here of what is fair and just does not matter. What matters is the law, which you will either need to research or retain counsel to give you an appraisal of your case.

As you mention, one legal theory to research is breach of the implied covenant of peaceful enjoyment, which is in the nature of a contract action. The other major theory you could research would be private nuisance, which is a tort. The landlord might also be tortiously trespassing if he lacks legal authority to enter the property to install a new roof (which, again, needs to be researched since it varies by jurisdiction).

Regardless of the law, you can certainly ask for compensation, but demand letters are most effective if they actually contain a plausible legal argument, so you'll probably want to do some legal research and/or retain counsel. There's not enough information in your post to say much else.
« Last Edit: August 29, 2015, 03:10:51 PM by Cathy »

Rollin

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Re: Landlord redoing roof - TOMORROW!
« Reply #3 on: August 29, 2015, 03:14:09 PM »
Good luck with that.  So there will be some noise for a day or two.  I'm glad you are not my tenant.

tallen

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Re: Landlord redoing roof - TOMORROW!
« Reply #4 on: August 29, 2015, 04:34:07 PM »
Tell your landlord you both work nights and sleep during the day, and ask if he can have it done over the weekend. If he says no then ask if you can be compensated for hotel costs as that would be the only way you can get any sleep. If he still says no run the roofers off as soon as they show up!

If he'll try to work around your schedule I'd be reasonable and just deal with it, but if he's not willing to then he's the one not being reasonable and becomes time to assert your rights.

FIRE me

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Re: Landlord redoing roof - TOMORROW!
« Reply #5 on: August 29, 2015, 07:00:36 PM »
Thanks for the replies. I am most concerned with sleep disruption because my husband and I both work night shifts. This is why I'm considering the hotel. Oh well, wait and see I guess.

Same thing happened to me once when I lived in a rental house. I worked third shift and the house was getting a new roof. I took a couple of vacation days. Maybe you have a couple of vacation days to spare?

rightdecisions

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Re: Landlord redoing roof - TOMORROW!
« Reply #6 on: August 29, 2015, 07:22:23 PM »
+2  I am glad you are not my tenant. 

The landlord is improving the house.  Maybe preventing water from coming in.  Make it safe to live in.  For sure making the outside looking nice.  All free of charge.

Stop trying to get something for nothing.  Shame on you.

Bearded Man

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Re: Landlord redoing roof - TOMORROW!
« Reply #7 on: August 29, 2015, 09:09:42 PM »
Ummm...sorry to break it to you OP, but do you think homeowners ask the roofing company to reimburse them while their roof is being redone so they can stay at the Belagio on the roofing companies dime?

You are being beyond unreasonable. If my tenants even asked me for such a thing...

sheepstache

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Re: Landlord redoing roof - TOMORROW!
« Reply #8 on: August 29, 2015, 09:52:14 PM »
The landlord is improving the house.  Maybe preventing water from coming in.  Make it safe to live in.  For sure making the outside looking nice.  All free of charge.

I missed the part where they're living there for free. They are certainly being charged for regular maintenance, particularly keeping water from coming in and safety. It's part of the rent. I would agree with you if we were talking about landscaping or something else optional (assuming the optional thing wasn't guaranteed in the lease).

Same thing happened to me once when I lived in a rental house. I worked third shift and the house was getting a new roof. I took a couple of vacation days. Maybe you have a couple of vacation days to spare?
Yeah, that's what's bugging me is that there's been no notice given. Personally, I can't take vacation days all of a sudden, I have to put in a request in advance.

Presumably the landlord has known for some time the roof is going to be replaced (it would be different if the work were because a tree had crashed onto it or something). Even if the contractor's schedule is unpredictable, the landlord could have told them when he first spoke to the contractor so they could have a plan in place to crash at a friend's place or something. Hopefully their shift work doesn't involve heavy equipment or something else dangerous under sleep deprivation.


If there's a way you can have a casual conversation with the landlord, I would bring it up there. It's possible he just assumes that you're gone during the day. If not, then Cathy's suggestion. Perhaps rather than asking for hotel reimbursement it would be more reasonable to ask for a prorated rent subtracting the two days you, essentially, can't use the house.

Bearded Man

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Re: Landlord redoing roof - TOMORROW!
« Reply #9 on: August 29, 2015, 10:18:03 PM »
Hmmm...I worked a night shift a decade ago when I live in an apartment. My kitchen had a complete remodel while me and my gf at the time slept during the day. I didn't ask for special reimbursement and I'm a light sleeper, and I doubt others did in the several hundred unit complex. Even if anyone did, I doubt it would be granted. I also lived on the top floor and the roof was replaced as well while I lived there. OP is being a complainypants IMO and from what I see, the opinions of most.

Would the OP also expect the city to pay for a hotel if they are jackhammering the street during the day for a month or six? I doubt it, and even if he did, the city would tell him to pound sand.

Do you think I would pay my neighbors hotel stay at the Sheraton if they had an issue with roofers replacing the roof on my primary residence? They would be annoyed by it too, not just me, but I've yet to see a city or county noise ordinance that doesn't allow normal construction work within certain day time hours.

If one expects their landlord to foot such a hotel bill, I'd say that the landlord is being expected to do so because they are a "rich landlord who can afford to pay my way and pamper me".

The fact that you work night shifts sucks, but no reasonable person would expect the landlord to foot your hotel bill merely because of your sleep schedule, which is no fault of the landlord. Roofing has to be done during the day, and frankly, if you were my tenant, and you even tried to argue with me about it, I'd just give you 20 days notice to vacate, end of discussion.

I (and other landlords)  don't run a rental business to pamper people and dance around their life circumstances at my expense every time I need to replace doors (just did that) roof (coming up), paint (also coming up), etc. Again, you working night shifts sucks, but this kind of work has to be done during the day. Expecting them to do it with head lamps at night when you are at work or otherwise put you up in a hotel is flat out ridiculous. Like I said, considering I have people beating down my door to rent I would just replace you as a tenant and be done with it.

As other landlords said, I'm glad you are not my tenant...
« Last Edit: August 29, 2015, 10:25:06 PM by Bearded Man »

Cathy

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Re: Landlord redoing roof - TOMORROW!
« Reply #10 on: August 29, 2015, 10:25:40 PM »
When a landlord enters into a lease with a tenant, the landlord has conveyed a leasehold estate in the land to the tenant. The tenant's ownership of the leasehold estate grants her the right to "exclusive possession of the premises against all the world, including the owner, for the term of the lease". Avalon Pacific--Santa Ana, L.P. v. HD Supply Repair & Remodel, LLC, 192 Cal.App.4th 1183 (Ca Ct App 2011) (emphasis added). During the term of the lease, the landlord has no right to enter the property for any reason, subject to some very specific exceptions as authorised by law. Even if the landlord is authorised to enter the land (which is usually only possible with notice and only for certain reasons), he must not engage in tortious behaviour while on the land, such as creating a private nuisance or otherwise preventing the tenant from enjoying the estate that she is paying for.

As mentioned above, OP may or may not have a valid legal claim, depending on all the facts and the jurisdiction, but nothing OP has said is unreasonable per se. As the tenant, OP enjoys exclusive possession of the land, and any intrusion onto that right has to be carefully justified. Again, the intrusion proposed in OP may or may not require compensation, but that is a technical question that requires actual analysis. OP is not doing anything wrong by asking the question, although as mentioned, we can't analyse it without more information, which is why OP should probably retain counsel if he or she wants to pursue this.
« Last Edit: August 29, 2015, 10:49:33 PM by Cathy »

WerKater

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Re: Landlord redoing roof - TOMORROW!
« Reply #11 on: August 30, 2015, 05:27:11 AM »
+2  I am glad you are not my tenant. 

The landlord is improving the house.  Maybe preventing water from coming in.  Make it safe to live in.  For sure making the outside looking nice.  All free of charge.

Stop trying to get something for nothing.  Shame on you.
Good luck with that.  So there will be some noise for a day or two.  I'm glad you are not my tenant.

Did you guys miss the part where his landlord informed him today that the work starts tomorrow? Sure, putting a new roof on is something that happens every once in while. intuitively, I would say that there is some level of inconvenience that a tenant just has to accept for this kind of thing. But, unless there is an acute emergency that makes it necessary do to the repair right now (and which the landlord also just learnt about), springing this on the tenant one day in advance is completely out of line. How is a tenant supposed to work his schedule around that kind of thing so suddenly?

Tomacco

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Re: Landlord redoing roof - TOMORROW!
« Reply #12 on: August 30, 2015, 06:36:30 AM »
If you were my tenant, I wouldn't extend your lease next time it come due.
I put this the same catagory as tenants asking me to change light bulbs.
I don't have time to argue about ticky tacky bs
Put your earbuds in, it's a roof, not a 6 month renovation. Should take 2 days max for any pro

tallen

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Re: Landlord redoing roof - TOMORROW!
« Reply #13 on: August 30, 2015, 10:27:12 AM »
Wow, some of you landlords amaze me. Of course tenant should deal with the noise or make arrangements to stay elsewhere if proper notice was given. The problem is the landlord just popped in and said it's happening tomorrow and didn't give tenant any time to make arrangements. Any decent landlord would attempt to work with tenants schedule when it comes to non emergency repairs! What landlord is doing to tenant would be like one of your renters calling you at 3 am to come fix a non-emergency problem immediately! Any decent tenant would wait till daytime to call and ask to have it fixed at your earliest convenience, just as any decent landlord would give tenant enough notice to make any necessary arrangements!

justchristine

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Re: Landlord redoing roof - TOMORROW!
« Reply #14 on: August 30, 2015, 03:54:20 PM »
Having known several people that have gotten new roofs in the past couple years, I'm going to add that the landlord may not have known much further in advance that the roofers would be there tomorrow.  The roofers that my friends/family have used are usually booked solid months in advance.  They give approximate time frames (ex. sometime in Oct if the wether holds) and have a tendancy to just show up one day and start working.  18 hrs notice seems typical.  Hell, my boyfriend had his roofer show up one morning with no notice.

SwordGuy

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Re: Landlord redoing roof - TOMORROW!
« Reply #15 on: August 30, 2015, 04:08:46 PM »
Having known several people that have gotten new roofs in the past couple years, I'm going to add that the landlord may not have known much further in advance that the roofers would be there tomorrow.  The roofers that my friends/family have used are usually booked solid months in advance.  They give approximate time frames (ex. sometime in Oct if the wether holds) and have a tendancy to just show up one day and start working.  18 hrs notice seems typical.  Hell, my boyfriend had his roofer show up one morning with no notice.

Exactly right.   You get the roofer when they show up.

Poster, grow up.  And be happy they are putting on a new roof BEFORE it leaks and destroys your priceless (to you) but worthless (to the law) mementos.

NoNonsenseLandlord

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Re: Landlord redoing roof - TOMORROW!
« Reply #16 on: August 30, 2015, 07:26:00 PM »
You are 100% unreasonable.

Odds are, it will be one day.  Starting at day break, or 7 AM, whichever comes first.  If you were a MTM tenant, I would give you compensation by raising your rent.

fishnfool

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Re: Landlord redoing roof - TOMORROW!
« Reply #17 on: August 30, 2015, 09:21:29 PM »
Yeah this would be a bit of a disruption for a daytime sleeper. But roofing has to be done during the day. I'm not sure if the landlord owes you anything for the inconvenience. Does he know you work nights? If so it probably would have been a nice jester to offer you a hotel room for a day. But I'm not sure  that he is doing anything unreasonable having a new roof installed.

paddedhat

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Re: Landlord redoing roof - TOMORROW!
« Reply #18 on: September 01, 2015, 01:40:25 PM »
You are 100% unreasonable.

Odds are, it will be one day.  Starting at day break, or 7 AM, whichever comes first.  If you were a MTM tenant, I would give you compensation by raising your rent.

X2   As a builder I would occasionally run into a self-centered asshole of a homeowner, or tenant, who had an "issue" with my crews building a new home nearby, as if they somehow had their personal space violated. Now this is work done by a very well monitored crew that never starts before 8AM, or works much past five, doesn't blast radios, cleans up any blowing debris, and keeps the street clear for others to pass.

     On occasion I had to get face to face, and ask them to explain what the problem was? I then degraded in to "well the constant hammering is annoying", or "the concrete trucks blocked the road for a few minutes" or some other snivelly shit. I then responded by asking them if they thought that their home was built in silence, with zero temporary inconvenience to anyone in the area?   As for the OP's roof, the comment about a roofer showing up when he fits you into his hectic schedule, and the weather is right, is spot on. No competent, busy roofing contractor ever says, "I will be there the third Friday of the month, guaranteed." Sometimes it rains for a week, sometimes a job goes way faster, and better than you expected. As a result, scheduling is calculated guess, not an appointment.

 Frankly, the roofer in question is a bit of an upgrade from some I have dealt with. A knock on the door, the day before, is quite an upgrade from one at 6:30 AM telling you to move your car, so they can scrape shingles off, without damaging it. Hell, I worked with one crew that told the tale of being in the middle of stripping a roof when the homeowner walked out and asked "who are you, and why are you tearing my roof off?"  OPPs, "Isn't this 126 Chestnut?" Yea, but you are probably supposed to be at 126 West Chestnut.
« Last Edit: September 01, 2015, 01:44:46 PM by paddedhat »

HipGnosis

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Re: Landlord redoing roof - TOMORROW!
« Reply #19 on: September 03, 2015, 01:12:30 PM »
I see both sides of this.
Yes, it has to be done.  Surely the landlord should have given more advance notice.
Which leads me to wonder...
If the landlord is miffed with the OP for some reason.

MaikoTsumi

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Re: Landlord redoing roof - TOMORROW!
« Reply #20 on: September 03, 2015, 02:07:45 PM »
When a landlord enters into a lease with a tenant, the landlord has conveyed a leasehold estate in the land to the tenant. The tenant's ownership of the leasehold estate grants her the right to "exclusive possession of the premises against all the world, including the owner, for the term of the lease". Avalon Pacific--Santa Ana, L.P. v. HD Supply Repair & Remodel, LLC, 192 Cal.App.4th 1183 (Ca Ct App 2011) (emphasis added). During the term of the lease, the landlord has no right to enter the property for any reason, subject to some very specific exceptions as authorised by law. Even if the landlord is authorised to enter the land (which is usually only possible with notice and only for certain reasons), he must not engage in tortious behaviour while on the land, such as creating a private nuisance or otherwise preventing the tenant from enjoying the estate that she is paying for.

As mentioned above, OP may or may not have a valid legal claim, depending on all the facts and the jurisdiction, but nothing OP has said is unreasonable per se. As the tenant, OP enjoys exclusive possession of the land, and any intrusion onto that right has to be carefully justified. Again, the intrusion proposed in OP may or may not require compensation, but that is a technical question that requires actual analysis. OP is not doing anything wrong by asking the question, although as mentioned, we can't analyse it without more information, which is why OP should probably retain counsel if he or she wants to pursue this.

Cathy demonstrates google as your lawyer. Seriously? Tortuous behavior?  By the time the OP pays a lawyer and assuming the lawyer is fool enough to take the to court, the work will be done.  The judge will then ask, "What are your damages?"  "Sir, I lost sleep for one day while the landlord improved and repaired my rental."  Dismissed.

MaikoTsumi

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Re: Landlord redoing roof - TOMORROW!
« Reply #21 on: September 03, 2015, 02:13:10 PM »
Notice is required for entry.  I would never send a repair person over to a rental without talking to a tenant and setting up a convenient time unless in an emergency, but there is no requirement for notice for exterior repairs to property during normal working hours(normal being daylight hours).

Cathy

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Re: Landlord redoing roof - TOMORROW!
« Reply #22 on: September 03, 2015, 02:53:39 PM »
Cathy demonstrates google as your lawyer. Seriously? Tortuous behavior?  By the time the OP pays a lawyer and assuming the lawyer is fool enough to take the to court, the work will be done.  The judge will then ask, "What are your damages?"  "Sir, I lost sleep for one day while the landlord improved and repaired my rental."  Dismissed.

I'm not actually sure what you are responding to here, given that I declined to comment on the OP's fact pattern. Your rather rude reply is totally uncalled for, and your implied legal propositions are also incorrect, starting with the fact that a claim of trespass to land, if proved, is actionable per se, does not require proof of damages, and cannot be dismissed for lack of damages. (Again, I express no view on whether OP could prove that claim, as we don't have enough information.)

You are also likely wrong about there not being a recognised form of economic harm here (again, assuming a claim could be proved, which, again, I express no view on). Various calculations for damages in tenancy situations are used depending on the jurisdiction. One common approach is to consider the fair market value of the apartment if it had been advertised with the problematic behaviour or defects included, compared to what the tenant is actually paying.

(By the way, the word I used was "tortious", not "tortuous". I point this out only because your post made me think I had misspelled it, but in fact, I had spelled it correctly. In my 1287 posts on this forum, I actually have made quite a few typos, so I wouldn't have been surprised if I had made one here, but it turns out I didn't.)

...there is no requirement for notice for exterior repairs to property during normal working hours(normal being daylight hours)...

This would depend on whether the lease is for only the interior of the buildings, or for the entire land including the buildings. In the case of leasing a house, the lease is usually drafted to lease both the land and the buildings on the land, not just the interior of the buildings. Furthermore, even if the landlord is not trespassing, other claims may be available (or maybe not; again, I express no view on that).
« Last Edit: September 03, 2015, 03:25:34 PM by Cathy »

ncornilsen

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Re: Landlord redoing roof - TOMORROW!
« Reply #23 on: September 03, 2015, 03:43:42 PM »


(By the way, the word I used was "tortious", not "tortuous". I point this out only because your post made me think I had misspelled it, but in fact, I had spelled it correctly. In my 1287 posts on this forum, I actually have made quite a few typos, so I wouldn't have been surprised if I had made one here, but it turns out I didn't.)


The OP shouldn't be making fun of the landlord's tortoise like behavior anyway.

I have a question for you Cathy, not necessarily related to the OP's situation, or any situation. Suppose I had to prove damages by establishing the FMV of the apartment in this situation... As a landlord, couldn't I establish that the 'problematic behavior' is the periodic replacement of a roof, required by all dwellings with roofs? By extension, don't all dwellings have, priced into their FMV, the 'problematic behavior' of having a roof with a finite life that requires periodic replacement?

Seems there is a HUGE difference between a building that has a roof replaced for 2 days/20 years, versus one where a crew of people hang out on the roof all day, every day, driving nails, and it would be unreasonable to claim that as the damages. Not to say there isn't perhaps a better way of determining damages, however.




 

 

Cathy

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Re: Landlord redoing roof - TOMORROW!
« Reply #24 on: September 03, 2015, 04:12:35 PM »
I have a question for you Cathy, not necessarily related to the OP's situation, or any situation. Suppose I had to prove damages by establishing the FMV of the apartment in this situation... As a landlord, couldn't I establish that the 'problematic behavior' is the periodic replacement of a roof, required by all dwellings with roofs? By extension, don't all dwellings have, priced into their FMV, the 'problematic behavior' of having a roof with a finite life that requires periodic replacement?

Seems there is a HUGE difference between a building that has a roof replaced for 2 days/20 years, versus one where a crew of people hang out on the roof all day, every day, driving nails, and it would be unreasonable to claim that as the damages. Not to say there isn't perhaps a better way of determining damages, however.

To be clear, I have never intended to suggest that replacing the roof on a rental is something that a tenant can seek damages for, without more. But depending on all the facts, there may be claims available.

To make this a little bit more concrete (and hopefully answer your question in the process), let's consider specifically a hypothetical where I live in the state of California and let's suppose I am renting a house from a landlord (including all of the land, not just the interior of the building) and I am awoken out of bed one Sunday morning and I find that the landlord is replacing the roof on the house. I make some inquiries of the landlord and he does not assert that there is any emergency. He also does not claim that he ever provided any notice that the repairs would be taking place. I was planning to spend this Sunday at home enjoying myself, but because of the noise, I am forced to abandon the property and go elsewhere. If I had had advance notice, I would have made plans, but because of the lack of notice, I have no plans, and am forced to randomly abandon my home when I was planning to stay there.

On these hypothetical facts, I would almost certainly be able to prove trespass to land by the landlord. In California, a landlord generally has no right to enter the property he is leasing out, subject to very specific exceptions. Avalon Pacific--Santa Ana, L.P. v. HD Supply Repair & Remodel, LLC, 192 Cal.App.4th 1183 (Ca Ct App 2011). One exception is for "necessary or agreed repairs", but unless there is an emergency, entry for that purpose is only authorised with reasonable notice "in writing", which notice must include "the date, approximate time, and purpose of the entry". Cal. Civ. Code 1954. On my hypothetical set of facts, the landlord has not complied with these requirements, so he has no legal basis for being on the property to complete the repairs, so I can prevail on a claim of trespass to land against him (and possibly against the workers too, especially if I inform them that they are trespassing, but that's more complicated so I won't address it). Note that causing other people to enter land unlawfully is actionable as trespass to land against the person who caused the trespass, so it doesn't matter whether the landlord physically entered the property himself.

Since I can prove trespass to land, there is no need to prove damages to obtain a judgment in my favour. See generally Belle Terre Ranch, Inc. v. Wilson, 182 Cal.Rptr.3d 393 (Ca Ct App 2015) (citing many cases for this proposition). The question then becomes how much damages could I get. In the absence of any argument for economic harm, the California courts award a $1 judgment. See, e.g., id. Although this is not a financially significant amount, it is still a judicial confirmation that the landlord was legally in the wrong, and it is absolutely not the same as the claim being dismissed. To get more damages than $1, however, I would need an economic argument.

On my hypothetical facts, the economic harm would be that I was forced to abandon the property on Sunday, even though I would have preferred to stay there. In other words, the economic harm is the difference between an apartment where I randomly am forced to abandon my home on a Sunday morning, compared to one where I do not have to do that. In truth, it's difficult to say how the Court would value that. I might argue that it is the equivalent to the apartment not being available at all on that date, such that the rent should be pro-rated to remove that day, but the landlord might say it was still broadly usable, just not to full effect. As mentioned, I don't know how the Court would rule, but that is the framework it might apply. And it's important to note that even if the Court finds I suffered no economic harm, it would still enter a judgment in my favour, not dismiss the case.
« Last Edit: September 03, 2015, 10:17:25 PM by Cathy »

powskier

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Re: Landlord redoing roof - TOMORROW!
« Reply #25 on: September 04, 2015, 12:30:22 AM »
I replaced a roof on my units this summer. I let tenants know a few weeks in advance that it would happen "in the next few weeks"...weather and contractor schedule dependent. Then the roofers showed up and made a lot of noise, all day for several days, unexpected framing issues meant it took longer, an incredible unforeseen record breaking 2hr rain/wind event got water inside 2 units when old roof was off. One tenant with dish tv had to wait 4 days for his dish company to realign dish.
As a landlord I tried to accommodate tenants best I can all the time, but sometimes I cannot control everything and shit happens.
Landlord is trying to improve his property and maintain your living space, he does not control:
-contractors schedule
-weather
-the fact that you work a different schedule than the majority

I have paid for a hotel for a tenant after a catastrophic flood for 2 weeks, there was 4 inches of water in their home. I would not do it for you in this case. Do you expect him to have repairs done at night to not inconvenience you ?
Suck it up buttercup, life is not fair sometimes.

meg_shannon

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Re: Landlord redoing roof - TOMORROW!
« Reply #26 on: September 04, 2015, 01:36:19 AM »
I agree with Cathy. I think the main issue is that the landlord didn't give notice. After reading the responses it appears that most of the landlords are glossing over this fact. I understand that an exact date cannot be given for roofing work, but the landlord should have talked to the tenant during the process of the deciding the roof needed to be replaced and scheduling/hiring the roofers.

As a renter for the past 12 years, mostly due to moving every few years, I would consider that type of behavior from a landlord unacceptable. It's not as if the landlord holds all the power. In our last rental, a townhouse, I argued for a rent decrease (and got it) after our first year there. The landlord was wholly unprepared to manage the property. For the majority of the year he was in India and if anything went wrong he asked us to handle it. Sorry, but if I'm doing all the work, like a homeowner, you can either reduce my rent or pay me for my time. I'm not researching and scheduling repair companies, doing minor repairs, dealing with other people in the building, the HOA, trash companies, etc. for free. That was supposed to be his job.

Mrs. PoP

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Re: Landlord redoing roof - TOMORROW!
« Reply #27 on: September 04, 2015, 04:29:01 AM »
We replaced the roof on our rental earlier this summer and I'm shocked that this is literally your first notice.  When we did it, we gave our renters a heads up that there would be contractors stopping by to take measurements while getting bids.  Then we requested the roof be put on after finals (most of our renters are college students), and told the renters it would happen "sometime in May".  But when it came down to it, we didn't know when the roofers would show up until about 3pm the day before. 

So I'm going with the benefit of the doubt on the landlord's part.  Maybe it was mentioned casually prior and you just missed it and they didn't get much notice of the actual start from the roofers.  Because there are usually contractors/bidders around before the roofers just show up. 

But before you get in a huff about it, see how bad it is and how long it lasts (and maybe have some tylenol pm around if you have trouble dozing off).  Then approach it nicely with your landlord.  "Hey, this is/was pretty bad since we work nights and have to sleep during the day.  Next time there's major work scheduled could you try and give us an earlier heads up so we can take vacation/crash with friends/some other alternative."  At that point your landlord might apologize for the inconvenience and offer $ off rent if you're lucky. 

Approaching it with demands is just going to sour the relationship with your landlord, so you need to decide how long you want to keep living there and how important the relationship (and future references from the landlord) is to you.  Is it worth $50 if your demand puts such a bad taste in your landlord's mouth that they badmouth you to every prospective landlord that calls them the next time you're looking for a rental? 

justajane

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Re: Landlord redoing roof - TOMORROW!
« Reply #28 on: September 04, 2015, 05:51:46 AM »
For the majority of the year he was in India and if anything went wrong he asked us to handle it. Sorry, but if I'm doing all the work, like a homeowner, you can either reduce my rent or pay me for my time. I'm not researching and scheduling repair companies, doing minor repairs, dealing with other people in the building, the HOA, trash companies, etc. for free. That was supposed to be his job.

This happened to us with an out of state landlord. We scheduled and dealt with the repairs. He wrote a check. Then, he decided to sell the house out from under us. We had to deal with all the showings and the "decorator" (a friend) who moved our stuff around for staging, including our toiletries and toothbrushes (weird!). For the past three months of my lease, I had already found a subletter. Well, of course, when she found out that the house was on the market, she didn't want to sublet, since her intent was to take over my part of the lease. I had already committed and put a deposit on another apartment. At that point, even though we had all been tenants who had paid rent on time in full for three years, he decided that we would all be bound by the terms of the lease, even in light of the sale and the inability to sublet.

At that point, one of my other roommates wrote a letter detailing all the things that we had done in the past years that he should have been doing as landlord and all the crap we had put up with. Thankfully he backed down. He wasn't a landlord from hell (I've had those!), but he was not cut out to be a landlord. He was an accidental rather than an intentional landlord who had inherited the house.

CommonCents

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Re: Landlord redoing roof - TOMORROW!
« Reply #29 on: September 04, 2015, 09:47:18 AM »
Cathy neglects to mention you should read your lease to see if it addresses this situation.  In all of my leases, the landlord retained the right of entry for repairs upon reasonable notice (usually 48 hours notice).

Cathy

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Re: Landlord redoing roof - TOMORROW!
« Reply #30 on: September 04, 2015, 10:53:34 AM »
Cathy neglects to mention you should read your lease to see if it addresses this situation.  In all of my leases, the landlord retained the right of entry for repairs upon reasonable notice (usually 48 hours notice).

You are right that I should have mentioned the possible relevance of provisions in the lease, if they are enforceable.

To be fair, the only concrete case I commented on was a hypothetical set of facts that took place in California. In California, a lease of residential property cannot modify the law related to trespassing and in particular cannot grant the landlord any broader rights to enter the property than he would otherwise have. Cal Civ Code 1953(a)(1). Landlords in California still commonly attempt to broaden their right to enter the property in the lease, but such clauses are unenforceable. In addition, in California, a lease of residential property also cannot require the tenant to waive or modify "[h]is right to assert a cause of action against the lessor which may arise in the future", so the lease could also not forceclose judicial remedies for trespassing. Cal Civ Code 1953(a)(2).

However, as you say, some US jurisdictions do allow the lease to modify these rules, which is a good reminder that the jurisdiction is an important piece of information to take into account when researching these issues. (However, I wouldn't assume that just because such a clause is in a lease that it is effective. That needs to be researched for each individual state. The majority of states have statutes that restrict what can be in a residential lease, and even in states with no such statutes, the common law may apply special scrutiny to provisions in a residential lease, based on the theory that everybody needs somewhere to live so it is not an ordinary business transaction.)
« Last Edit: September 04, 2015, 11:26:03 AM by Cathy »

Neustache

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Re: Landlord redoing roof - TOMORROW!
« Reply #31 on: September 04, 2015, 11:19:27 AM »
Last year I had to replace a roof on my rental..it never would have occurred to me to drop it on the renter the day before....what a reasonable landlord would do, is ask and schedule the improvement and try their best to make it for a time that is convenient for the renter.

Do they have to by law?  Probably not.  But I asked my renter when the best time would be for the roofers to come over, he opted for a later date because they were throwing a party during one of the weeks and wanted it done after that.  I said no problem and scheduled it for the week that worked better for them.

For me, this is not a what's legal versus what's illegal question.  I'm selling a product, my house and services.  My renter is my customer and I want to keep them happy.  Sometimes we'll disagree, that's to be expected, and sometimes they won't get their way, but I still try to give them the best service as possible. 


undercover

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Re: Landlord redoing roof - TOMORROW!
« Reply #32 on: September 04, 2015, 11:28:11 AM »
Do they have to by law?  Probably not.  But I asked my renter when the best time would be for the roofers to come over, he opted for a later date because they were throwing a party during one of the weeks and wanted it done after that.  I said no problem and scheduled it for the week that worked better for them.

I agree. Others have posted that they are at the mercy of their contractors, which is understandable to a certain extent, but it doesn't make sense why they can't give you their schedule as well.

The glaringly obvious issue is the landlord obviously knew well before the day they told their tenants that there needed to be roof repair. Sure, given the lease, they may not necessarily have to let the tenants know more than 24 hours in advance for needed repairs, but it's not very prudent or customer friendly to do so. If someone is renting from you, it's their home. It may be your property, but they live there. Would you want someone to do this to you in your own home? It's the equivalent of contractors just randomly showing up one morning and working on your roof. Don't get me wrong, I know there are a lot of irresponsible and poorly managed contractors, but they can at least give you a rough estimate as to when they will get to you. A good contractor will definitely follow up with you just like a good landlord would. It's a good landlord's responsibility to work with good contractors, no?

All that said, of course you can ask for compensation, and it may even be reasonable considering your work schedule, but I doubt you'll get anywhere with it as others have said. The landlord isn't doing anything wrong, but has obviously been slack. I guess you can at least confide in the fact that a few internet strangers agree that the landlord should have been proactive. But, they weren't. Such is life.
« Last Edit: September 04, 2015, 11:30:20 AM by undercover »

Gin1984

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Re: Landlord redoing roof - TOMORROW!
« Reply #33 on: September 04, 2015, 11:35:57 AM »
I agree with Cathy. I think the main issue is that the landlord didn't give notice. After reading the responses it appears that most of the landlords are glossing over this fact. I understand that an exact date cannot be given for roofing work, but the landlord should have talked to the tenant during the process of the deciding the roof needed to be replaced and scheduling/hiring the roofers.

As a renter for the past 12 years, mostly due to moving every few years, I would consider that type of behavior from a landlord unacceptable. It's not as if the landlord holds all the power. In our last rental, a townhouse, I argued for a rent decrease (and got it) after our first year there. The landlord was wholly unprepared to manage the property. For the majority of the year he was in India and if anything went wrong he asked us to handle it. Sorry, but if I'm doing all the work, like a homeowner, you can either reduce my rent or pay me for my time. I'm not researching and scheduling repair companies, doing minor repairs, dealing with other people in the building, the HOA, trash companies, etc. for free. That was supposed to be his job.
But he did give notice.  He gave a day's notice which in many states (like mine) sufficient notice.  Notice to OP's title, "landlord redoing roof tomorrow".

Cathy

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Re: Landlord redoing roof - TOMORROW!
« Reply #34 on: September 04, 2015, 11:46:39 AM »
But he did give notice.  He gave a day's notice which in many states (like mine) sufficient notice.  Notice to OP's title, "landlord redoing roof tomorrow".

I've consistently declined to comment on OP's situation precisely because he has been vague about the facts and the state. However, even in the posts he has made, we can find some facts that look potentially unfavourable for the landlord. In particular, in one post, the OP says the notice was given at 3:30 PM for an entry the next morning, and it appears that the notice was given orally (which is inadequate in some, but not all, states).

Furthermore, in some states, such as Washington, the landlord has no right to enter a leased residential property no matter how much notice is given unless the landlord has tenant's consent, a court order, or an emergency is ongoing. RCW 59.18.150(7). In addition, the tenant cannot waive that right in Washington, so an analysis of the lease is not necessary. RCW 59.18.230(2)(a). The counterbalance in the Washington scheme is that "the tenant shall not unreasonably withhold consent", but if the tenant does withhold consent, the landlord's remedy is to obtain a court order, as he no right to enter the property without one. RCW 59.18.150(1).

As I have said since my first post in this thread, this is an area of law where the rules are significantly different in every state. It is not possible to draw any meaningful conclusions without more information, and more information does not appear to be forthcoming since the OP has left.

(One legal proposition that as far as I am aware is true in every state is that a claim of trespass to land does not require proof of damages, although even that could have exceptions in some state.)
« Last Edit: September 04, 2015, 12:07:35 PM by Cathy »

Gin1984

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Re: Landlord redoing roof - TOMORROW!
« Reply #35 on: September 04, 2015, 12:21:16 PM »
But he did give notice.  He gave a day's notice which in many states (like mine) sufficient notice.  Notice to OP's title, "landlord redoing roof tomorrow".

I've consistently declined to comment on OP's situation precisely because he has been vague about the facts and the state. However, even in the posts he has made, we can find some facts that look potentially unfavourable for the landlord. In particular, in one post, the OP says the notice was given at 3:30 PM for an entry the next morning, and it appears that the notice was given orally (which is inadequate in some, but not all, states).

Furthermore, in some states, such as Washington, the landlord has no right to enter a leased residential property no matter how much notice is given unless the landlord has tenant's consent, a court order, or an emergency is ongoing. RCW 59.18.150(7). In addition, the tenant cannot waive that right in Washington, so an analysis of the lease is not necessary. RCW 59.18.230(2)(a). The counterbalance in the Washington scheme is that "the tenant shall not unreasonably withhold consent", but if the tenant does withhold consent, the landlord's remedy is to obtain a court order, as he no right to enter the property without one. RCW 59.18.150(1).

As I have said since my first post in this thread, this is an area of law where the rules are significantly different in every state. It is not possible to draw any meaningful conclusions without more information, and more information does not appear to be forthcoming since the OP has left.

(One legal proposition that as far as I am aware is true in every state is that a claim of trespass to land does not require proof of damages, although even that could have exceptions in some state.)
Except that "The tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.' in Washington either.  And this may have been the only reasonable time.  And it is also only for entering, not inspecting or repairing the outside. 
But, again, we are not being asked legal.  We are being ask reasonable.  24 hr notice, is considered reasonable for a one day repair especially something being done outside.

Cathy

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Re: Landlord redoing roof - TOMORROW!
« Reply #36 on: September 04, 2015, 12:25:07 PM »
Except that "The tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.' in Washington either....

This was mentioned in my post:

Furthermore, in some states, such as Washington, the landlord has no right to enter a leased residential property no matter how much notice is given unless the landlord has tenant's consent, a court order, or an emergency is ongoing. RCW 59.18.150(7). In addition, the tenant cannot waive that right in Washington, so an analysis of the lease is not necessary. RCW 59.18.230(2)(a). The counterbalance in the Washington scheme is that "the tenant shall not unreasonably withhold consent", but if the tenant does withhold consent, the landlord's remedy is to obtain a court order, as he no right to enter the property without one. RCW 59.18.150(1).

(Emphasis added.)

However, the key difference between the scheme in Washington and, say, California, is that in Washington if the landlord does not have consent (even if the tenant is withholding it unreasonably), the landlord cannot enter the property without a court order or emergency. RCW 59.18.150(7). By contrast, in California, the landlord could just enter if the landlord has met all the legal requirements. This is an important difference and it was specifically explained in my post.


...But, again, we are not being asked legal.  We are being ask reasonable.  24 hr notice, is considered reasonable for a one day repair especially something being done outside.

In a society governed by the rule of law, it is the law that defines what is reasonable in this context. Not what the landlord wishes the law to be. To state this one more time, I have never commented on the OP's situation as he was too vague to offer any comments, but even looking at the OP's posts, he actually received less than 24 hours of notice, as I mentioned in my previous post (again, I express no view on whether that is legally decisive in OP's situation).


And [entry requirements are] also only for entering, not inspecting or repairing the outside...

RCW 59.18.150 refers to "[entry] into the dwelling unit", but the mistake you are making here is in thinking that the inability for the landlord to enter the property comes from RCW 59.18.150. That is an understandable mistake.

In every state, a lease is a conveyance of a leasehold estate and it is the tenant's ownership of the leasehold that gives the tenant the right to exclude the landlord from all of the property, including the exterior if the lease covers the land. See, e.g., Avalon Pacific--Santa Ana, L.P. v. HD Supply Repair & Remodel, LLC, 192 Cal.App.4th 1183 (Ca Ct App 2011). That particular legal proposition is the law in every state. The general rule is that the landlord cannot be present on any of the leased premises -- including the exterior, if it is being leased -- for any reason.

The function of RCW 59.18.150 (and similar statutes that exist in most states) is to carve out an exception to the general rule and positively authorise the landlord to enter the property in certain circumstances. It is not necessary for RCW 59.18.150 to discuss the exterior because the landlord is already not allowed on the exterior without the tenant's permission (or other legal basis, which in some states may include provisions in the lease), by virtue of the fact that the tenant is owner of the leasehold (again, assuming that the lease covers the land/exterior).

See also my previous post that addressed this proposition.
« Last Edit: September 04, 2015, 01:12:47 PM by Cathy »

Jakejake

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Re: Landlord redoing roof - TOMORROW!
« Reply #37 on: September 04, 2015, 02:13:45 PM »
X2   As a builder I would occasionally run into a self-centered asshole of a homeowner, or tenant, who had an "issue" with my crews building a new home nearby, as if they somehow had their personal space violated. Now this is work done by a very well monitored crew that never starts before 8AM, or works much past five, doesn't blast radios, cleans up any blowing debris, and keeps the street clear for others to pass.
We had neighbors building next door, and for several months they were doing what sounded like jack hammering at 6 or 7 am, even on weekends! I was seriously pissed, and toyed with the idea of calling the cops, but opted not to.

*in my case it ended up not being the neighbors, but a 4 inch tall woodpecker who took a liking to our chimney cap. I'm so glad I didn't call the cops on him! Perhaps not relevant to the thread, except to point out that karma would have made me look completely stupid if I'd tried to get some sort of retribution.

meg_shannon

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Re: Landlord redoing roof - TOMORROW!
« Reply #38 on: September 04, 2015, 04:42:07 PM »
I agree with Cathy. I think the main issue is that the landlord didn't give notice. After reading the responses it appears that most of the landlords are glossing over this fact. I understand that an exact date cannot be given for roofing work, but the landlord should have talked to the tenant during the process of the deciding the roof needed to be replaced and scheduling/hiring the roofers.

As a renter for the past 12 years, mostly due to moving every few years, I would consider that type of behavior from a landlord unacceptable. It's not as if the landlord holds all the power. In our last rental, a townhouse, I argued for a rent decrease (and got it) after our first year there. The landlord was wholly unprepared to manage the property. For the majority of the year he was in India and if anything went wrong he asked us to handle it. Sorry, but if I'm doing all the work, like a homeowner, you can either reduce my rent or pay me for my time. I'm not researching and scheduling repair companies, doing minor repairs, dealing with other people in the building, the HOA, trash companies, etc. for free. That was supposed to be his job.
But he did give notice.  He gave a day's notice which in many states (like mine) sufficient notice.  Notice to OP's title, "landlord redoing roof tomorrow".

Not acceptable. A landlord would know for weeks, at least, that he or she planned to replace the roof. If a landlord of mine pulled something like this (without an apology or acknowledgement of the mistake) I would stop doing anything extra and leave at the end of the lease. I always take photos and mail a letter upon move in, but there are ways to up your documentation. No more minor repairs, such as changing air filters, fixing leaking toilets, snow shoveling, letting in repairmen w/out proper notice, and cleaning up after their greasy shoes on the cheap carpet said landlord installed. Nope you can do that all yourself. I have no problem with the landlord being in my home, but if he or she isn't going to respect me, my space, and our business relationship, than I know my place and my place is doing nothing to help them.

I grew up helping with land lording and have lived in rentals all my adult life due to living in multiple states and countries for education and job opportunities. I know my value as a tenant, basically every tenant should have FU money. On every other subsection of the this forum everyone praises sticking it to the boss, having FU money, etc. But here, renters are low-lifes and best treated as unreasonable and out to get the landlord.

Plus it's amazing how nervous landlords are at losing good tenants. Most, outside of hot markets like SF and NYC, won't even raise rents for years if the tenants take care of the small stuff. At my last place, after negotiating a rent decrease, I didn't see my landlord for 4 years. The only time I talked to him was to send a documentation email/photo of maintenance done or communications on behalf of the property.

justajane

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Re: Landlord redoing roof - TOMORROW!
« Reply #39 on: September 05, 2015, 09:12:56 AM »
X2   As a builder I would occasionally run into a self-centered asshole of a homeowner, or tenant, who had an "issue" with my crews building a new home nearby, as if they somehow had their personal space violated. Now this is work done by a very well monitored crew that never starts before 8AM, or works much past five, doesn't blast radios, cleans up any blowing debris, and keeps the street clear for others to pass.
We had neighbors building next door, and for several months they were doing what sounded like jack hammering at 6 or 7 am, even on weekends! I was seriously pissed, and toyed with the idea of calling the cops, but opted not to.

*in my case it ended up not being the neighbors, but a 4 inch tall woodpecker who took a liking to our chimney cap. I'm so glad I didn't call the cops on him! Perhaps not relevant to the thread, except to point out that karma would have made me look completely stupid if I'd tried to get some sort of retribution.

Every municipality has different rules regarding construction noise and when it can start. Some places it might be 8 a.m., others 7 a.m. I am doubtful that any place allows 6 a.m., but I could be wrong. When we had an addition built on the back of our house, it was the hellish summer of 2012 when the highs were routinely over 100 degrees. They started at 6 a.m., but I think they waited for loud work until 7 a.m.

Funny story. One summer I lived in Manhattan with no A/C. I routinely went into my kitchen at 7:00 a.m. in very little clothes to find construction workers looking at me. I lived on the fourth floor, and they had just reached the height of my window on the high rise they were building directly next door.

Embok

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Re: Landlord redoing roof - TOMORROW!
« Reply #40 on: September 05, 2015, 09:40:37 AM »
I'm a small scale landlord and a lawyer.  While strictly speaking the LL may not have a duty to give notice of outside repairs, the LL also may have an implied duty of habitability -- so if the noise made tha apartment uninhabitable for a few days, the tenant might be entitled to rent abatement for the noisy days.  The cost of legal enforcement though would be too high as a practical matter to make a formal complaint (unless the tenant went to small claims court).

What's being missed here is the practical:  if you have a good tenant, and you know you are going to have noisy work done outside the Tenant's apartment within a time frame (even if it is not very specific), send the tenants a notice in advance (e.g., "we're having a new roof put on; we expect that will happen in October, depending on the roofer's schedule; and we'll let you know the exact date as soon as we hear a definite start date from the roofer.  We may only have 24 hours' notice, however, so are letting you know now.").   

Tenants are people, and almost no one likes being surprised by unexpected repair work.  So why not just treat the tenants like folks you care about, by letting them know in advance?  By showing some consideration, the LL can show the tenant that LL cares, and if there are special circumstances (night shift work) the T can let LL know or make other plans.  I want my tenants to be happy, and try to be reasonable and treat them well, provided they pay timely and keep the apartments clean.  Most stay in place a long time as a result.

kathrynd

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Re: Landlord redoing roof - TOMORROW!
« Reply #41 on: September 05, 2015, 09:55:13 AM »
As a landlord, we try to give notice of repairs whenever possible.
We would never compensate a tenant.

If a tenant asked for compensation...they would be told no.
If they annoyed us, their rent would be increased or simply not renewed.

K-ice

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Re: Landlord redoing roof - TOMORROW!
« Reply #42 on: September 05, 2015, 12:02:44 PM »
Welcom Turkish,

So how did it go? Is the roof done?

Was it 2 efficient days or did they hire amateurs who still are not done, & left roofing nails all over your yard?

I think that you asked a reasonable question and, in the end, received a viarity of answers.

But you were hit hard in the beginning of this thread, so you might have been scared off.

If any compensation is reasonable depends a bit on how the past week went.

Just curious for an update :)




babysteps

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Re: Landlord redoing roof - TOMORROW!
« Reply #43 on: September 05, 2015, 12:19:37 PM »
my two cents - full disclosure, currently a landlord, have also been a tenant at various times in my life...

In a perfect world, the landlord gives plenty of notice and the tenant realizes that buildings sometimes need work that will affect their quality of life.  On this hypothetically perfect planet, landlords (or property managers) and tenants have frequent enough communication that surprises are mutual ("hey, how 'bout that meteorite"), not one-sided...  Here on planet earth, ymmv!

Aside: we had 2 units with hot water trouble this week (after no issues anywhere for months...things come in batches!).  One unit was actually apologetic that the hw was out and that we had to check it (a non-related repair worker sent by us had left their hw off).  The other unit was upset that we replaced their apparently unsafe - fused overflow valve and leaking slowly from the tank - hw heater with a brand new one (they may have anxiety issues about new appliances)...  So even with the same landlord (us), you can have very different reactions.

Rollin

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Re: Landlord redoing roof - TOMORROW!
« Reply #44 on: September 14, 2015, 05:42:37 AM »
Cathy demonstrates google as your lawyer. Seriously? Tortuous behavior?  By the time the OP pays a lawyer and assuming the lawyer is fool enough to take the to court, the work will be done.  The judge will then ask, "What are your damages?"  "Sir, I lost sleep for one day while the landlord improved and repaired my rental."  Dismissed.

I'm not actually sure what you are responding to here, given that I declined to comment on the OP's fact pattern. Your rather rude reply is totally uncalled for, and your implied legal propositions are also incorrect, starting with the fact that a claim of trespass to land, if proved, is actionable per se, does not require proof of damages, and cannot be dismissed for lack of damages. (Again, I express no view on whether OP could prove that claim, as we don't have enough information.)

You are also likely wrong about there not being a recognised form of economic harm here (again, assuming a claim could be proved, which, again, I express no view on). Various calculations for damages in tenancy situations are used depending on the jurisdiction. One common approach is to consider the fair market value of the apartment if it had been advertised with the problematic behaviour or defects included, compared to what the tenant is actually paying.

(By the way, the word I used was "tortious", not "tortuous". I point this out only because your post made me think I had misspelled it, but in fact, I had spelled it correctly. In my 1287 posts on this forum, I actually have made quite a few typos, so I wouldn't have been surprised if I had made one here, but it turns out I didn't.)

...there is no requirement for notice for exterior repairs to property during normal working hours(normal being daylight hours)...

This would depend on whether the lease is for only the interior of the buildings, or for the entire land including the buildings. In the case of leasing a house, the lease is usually drafted to lease both the land and the buildings on the land, not just the interior of the buildings. Furthermore, even if the landlord is not trespassing, other claims may be available (or maybe not; again, I express no view on that).

Pursuing something like this through legal means is one of the reasons why things are so expensive (rent for example).  It reminds me of a conversation (related, but not directly) I overheard while riding my bicycle home from work and passing by a field where people fly hobby airplanes.  A woman walking a dog was talking to another passerby as they watched the plane fly around.  In response to what I understand was just akin to "nice weather" when looking at the plane, she responded "I hope he has a lot of insurance for when he hits someone with that plane."

I just thought "wow, we certainly are a litigious bunch aren't we!"  Put the earplugs in, take some melatonin and enjoy a nice sleepful day OP.

Cathy

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Re: Landlord redoing roof - TOMORROW!
« Reply #45 on: September 14, 2015, 09:49:45 AM »
I expressed no view on whether OP (or anyone else) should take any legal steps either on these facts or any other facts.

To take a step back here, the OP asked whether he had any claims based on a vaguely stated set of facts. I responded with, literally, "maybe". I explained that OP had not provided enough information to say whether he had any claims. There was no suggestion that OP had a slam dunk case or any case, nor was there any suggestion that OP should rush down to the courthouse to file a complaint. There was no view expressed on the merits of OP's situation at all.

The reason I continued to post in the thread is that other people have posted some very dubious propositions (and in the case of one user, gratuitous insults mixed with dubious propositions). However, I have still never expressed a view on the merits of OP's situations, and I do not intend to do so.

All of the posters saying that OP definitely has no claim, or definitely should not pursue a claim, have actually acted a lot less carefully than I have, since, as mentioned, OP was pretty vague, so we just don't know whether he has any claims or whether they are worth pursuing.
« Last Edit: September 14, 2015, 10:01:27 AM by Cathy »