Hello,
The facts:
-Renting one unit in a two-family house in Nassau Co. The other unit is vacant. Landlord is having trouble finding a tenant for it. We have six months remaining on our lease. Landlord suddenly wants to sell the entire house. Landlord wants to start renovating our unit immediately, with us in it. Also wants to put in lawns in the front and back yard.
-The renovation project would force us to virtually pack up the whole house, as if for moving out. The project involves taking wall-to-wall carpeting out, so we have to clear out all the furniture, all the bedrooms, all the closets, all the kids' stuff in the basement. We also have to disassemble and relocate lawn furniture, a swing set, and a large trampoline. It's going to be a huge time consuming project for us, more or less like packing up for a move to a new residence. It would force us to cancel plans for a possible trips to the Catskills, to visit elderly grandma out of state, etc. Looked at another way, time is valuable. The landlord here is not just requiring access to the apartment to renovate, he's requiring that we use our valuable free time to clear things out for his project.
Questions:
-Under these circumstances, do we have the right to terminate the lease early and just move out? It seems that this renovation project a) goes beyond just normal repairs and b) interferes with the tenant's quiet enjoyment of the property. That's seems like a situation beyond what was contemplated in the lease. If we're going to have to move every object in the house, we'd rather just move to a new place while we're at it. The landlord would, of course, very much prefer that we stay and keep paying rent throughout the renovation. When he lists the two-unit house, he'd also like to be able to say to prospective buyers. that one unit is already leased.
-If we can't terminate the lease, what power do we have vs. landlord regarding how the renovation project is done? For example, can he make us clear out our stuff, disassemble the swing set, etc.? Or can we just have him and his crew do it?
-How much control do we have over the timing of the project? For example, do we have the right to tell the landlord he can start in four weeks, but not immediately?
Any advice appreciated, and thanks for your patience with this lengthy post.