Investor · Olathe, KS · Member since 2016 · 11 posts · 5 votes
Hey BP community, as a landlord (but very new one) I have been asked a question by a friend. He moved into one half of a 3 BR duplex a few months ago, and the landlord has been VERY slow at dealing with utility issues and varies other things the whole time. Yesterday they found mold and rot in the basement and the contractor on site said they'd likely be tearing out the entire rear wall (interior and exterior) as well as a lot of interior wall area of the unit to make the full repair. My friend doesn't want to have his family have to live through all of that, and he's sick of how the landlord has been treating him already. Under what conditions could he claim that the landlord isn't fulfilling his lease obligations? He really wants to avoid bringing a lawsuit due to the expense, time, and headache involved. If the landlord would just let him out of the lease he'd be elated to just move on. Any advice would be very welcomed.
Investor · Vancouver, WA · Member since 2013 · 3k+ posts · 4k+ votes
9y
Yes. A landlord can do a major repair with the tenants in the unit. However, the type of repair, the extent of repair, and the duration of the repair will need to be taken into consideration.
The tenants are entitled to a place that is "habitable" and to "peaceful enjoyment of the home".
The landlord has certain obligations they must fulfill to protect the health and well being of the tenants during renovation and repair.
There is a an excellent booklet put out by the EPA that landlords are required to provide to tenants when a significant amount our work is being done on an older building. It's about "Renovate Right". Here is the link:
It's a good read, whether or not there is the potential for lead based paint to be disturbed.
Another booklet about "Mold, Moisture and Your Home" is also an essential communication that every landlord should be giving to every tenant. Here is the link:
Get information into the hands of your friend so he can negotiate with the landlord. If the landlord is clueless to what they need to do, then get support from the local tenants union (if there is one in your area) or other tenant advocates. Reaching out to the health department may be necessary as well. At a minimum, the landlord may be required to house the family in a hotel while the work is being done. Another option would be for the landlord and tenant to agree to break the lease. Anything is negotiable. Time to carefully review the lease. I would advise your friend approach this in a clear, calm, and polite manner.