Construction in Apartment - Landlord Forum thread 354633

Construction in Apartment by Thomas on October 14, 2017 @13:48

My tenant was supposed to move out on 7/31/17. Based on this I hired a contractor to do work. Tenant advised me (5) days prior to the 31st that he was not moving. I informed him that I had to move forward with the construction as I had signed a contract. Tenant decides to leave the apartment. Work was supposed to be (2) weeks but due to electric and plumbing issues it took (5) weeks. Tenant stayed with friends for the first weeks and at a hotel for weeks (3) and (4). I put him in a hotel for week (5) as he said he could not afford to pay. I did not have him pay the rent for August (1,000.00). Moving out of the apartment was his choice. He moved back in August 31 and has filed a claim in smalls claim court saying I owe him $3500 because the apartment was not ready in the two weeks as per our discussion. He has also stopped paying rent as of September 1st

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Re: Construction in Apartment by mike on October 14, 2017 @15:30	[ Reply ]

File a 3 day notice to evict. Let a judge decide how much if any money the T will get. Do not accept any rent from T until the court decides the case.

Re: Construction in Apartment by Anonymous on October 14, 2017 @15:34	[ Reply ]

Serve him with a 3 or 5 day pay or quit notice for non-payment of rent. Then, if needed, file an eviction based on non-payment of rent with the court. Make sure if you are required to appear in small claims come armed with all documentation (proof) about the non-payment of rent. He has no right to withhold September and October rent monies.

Re: Construction in Apartment by Garry (Iowa) on October 14, 2017 @16:05	[ Reply ]

You did not say if the place was either partly or totally uninhabitable, or that the tenant could possibly have stayed there while the work was being done. You only said the T chose to move out. Choosing to move, and having(forced) to move are 2 different things. I'm assuming you asked the T to move, and he complied. The T was also relying on the info you provided, that he could be back in, in 2 weeks. That was not the Ts fault that it took 5 weeks before he could move back in. So, yes, at the very least, he owes you no rent for August. Your T tried to save himself money by staying with friends for 2 weeks. But when that turned into 5 weeks, he had to stay in a hotel. Those final 3 weeks should be at your expense, because you did not live up to what you said about the T being able to return in 2 weeks, even though it wasn't your fault. However, you may be able to negotiate with the contractor that did the work, because he quoted you 2 weeks, not 5, so you incurred additional expenses because you relied on his timetable.

Re: Construction in Apartment by Nicole (PA) on October 15, 2017 @09:25	[ Reply ]

can't help with what happened but in the future, this is a terrible type deal to make ... for several reasons. 1. don't sign a contract for construction while the tenant is still there ... if you do, give yourself an out (and the contractor may then not sign) if the tenant doesn't vacate. 2. tell the tenant "tough" ... move. 3. don't give a time line when things are out of your direct control (extra plumbing & electric issues) Any tenant that filed a suit against me would be gone in the very near future.