Question re renovations

[SusanG]

Hello-

My landlord is planning to renovate the cottage I've been renting on his property for @9 yrs prior to offering his house & the cottage up for sale. The renovations will begin in the next month or so.

Can anyone tell me where I can find answers to some questions, such as whether he's responsible for temporary housing for me and storage of my stuff if necessary and/or can I deduct a portion of the rent, etc.? I have a lot of equipment that will need to be protected somehow, and the space is very limited, so it's not just a matter of moving things from one room to another while the work is done.

I'll be getting more details from him of course, but I'd like to do some research first. BTW, we haven't had a written lease since the first year.

Thanks very much in advance!

-Susan

[Aubergine]

Is the LL terminating your tenancy, or not? If not, I would start with the assumption that your home is your castle and that any limitation on your exclusive right to quiet enjoyment of the premises musht be spelled out in the lease, the terms of which carry over into your month-to-month tenancy. Do the terms of your lease expressly permit the LL to enter to perform "renovations"? Did you and the LL ever agree to a modification of the lease terms?

A tenant has a right not to be evicted, actually or constructively, as a result of the LL's actions. An actual or constructive eviction is a breach of the lease that will usually relieve the tenant of the obligation to pay all or part of the rent. On the other hand, if you are in the way of the renovations, the LL need only give you a month's notice of termination (assuming the lease did not provide for more notice). So if the LL wants to go on collecting rent at all, and you have to choose between accommodating him or giving up your cottage, you should negotiate.

[SusanG]

Thanks for your response!

My LL isn't terminating my tenancy, nor is he evicting me. He wants to renovate the cottage I've been renting to add to the value of the package he's going to put on the market (his house, the cottage, the whole property -- they'll be moving after the sale). Neither of us knows at this point whether the potential buyer will want me to stay on as a tenant, but I do know that my LL considers me an asset at this point, since I'm a long-term and very reliable tenant.

I don't especially want to leave, nor do I know whether or not I'll have to once the property is sold. My questions are really more about what my rights are while the actual renovations are taking place. Assuming I have to vacate temporarily and possibly/probably have to store my stuff in a safe place, I'm wondering if my LL is responsible?

The renovation will be taking place in the next month or two, but my LL told me he wouldn't be putting the place up for sale until probably October or so. Once the renovations are complete, I'll presumably continue living here until and very possibly after the property including the cottage is sold.

I don't know if that clarifies things, but thanks again-

-Susan

[Downtown]

No mention of what type of renovations and/or potential disruption.
Better to know upfront what LL is willing to compensate you for. If you feel your equipment needs to be removed...will he pay for this. If cottage becomes unlivable, will he pay for a hotel. Is he rebating your rent for the time of construction.
Limitation of your "enjoyment" should equal compensation.

[SusanG]

Hi Downtown-

Yes, these are some of my questions, exactly! I'll ask him about what renovations he plans, but is there a site or resource where I can find out if he's legally obligated to pay for a hotel, removal of equipment, etc.? As I said, we haven't had a written lease for several years.

I just want to know if I'm within my rights to ask him for the above. Is it expected or not, that kind of thing. He may or may not bring it up himself, and I want to be prepared.

Thanks-

-Susan

[Aubergine]

Is the LL obligated to pay for a hotel for you? No, but as stated earlier the LL is obligated not to interfere with your right to enjoy the full use of the premises rented, until the tenancy is terminated. The LL can either terminate the tenancy and lawfully evict you before commencing the work, or can contract with you for some agreeable compensation or other alternative arrangements. If the LL does neither and does the renovation work, preventing you from using some or all of the premises, the LL would be liable for damages for actual or constructive eviction. Those damages might include the expense of relocating.