Question Altagracia: Do I have to move temporarily if the landlord wants to carry out repairs?

To renovate an apartment, a landlord requires written permission from the tenant. In most cases, you do not have to leave your apartment for your landlord to carry out the work. The landlord also does not have to pay if you move. “There is a mutual breach of duty, so when both parties have something to lose, an agreement is often reached where the tenant moves out and the landlord pays for the move,” says Altagracia Pierre-Outerbridge, attorney and founder of Outerbridge Law. represents residential tenants, condo owners and landlords.

If you are asked to leave, contact an attorney and make sure the terms of your temporary move are clearly laid out in a written agreement. This should include the duration of the repairs, who will pay for them, and your guaranteed right to return to the apartment under the same rental conditions at the end of the project.

Illegal conditions may require relocation

While most tenants typically don’t have to move for repairs, there is one important exception: If the conditions in the apartment are illegal, a court can force you to move. “You have to take a reasonable position – if there are circumstances where your life is in danger, the court will rule in favor of the landlord,” Pierre-Outerbridge said.

So if the landlord asks you to move because there is a fire hazard or some other illegal situation, you can use this as leverage to get a temporary rent reduction or a favorable move. However, you cannot choose to stay in the apartment. “In that case, the landlord will likely go to the High Court and successfully seek an injunction against you,” said Pierre-Outerbridge.

Disputes involving a landlord wanting a tenant to move out for repairs most often arise in rent-stabilized apartments where lease renewals are automatic and rents are capped. “If the rent is not stabilized and you are not covered by the Charity, which prevents eviction or non-renewal without cause, at some point your landlord may simply wait for your lease to end and choose not to renew,” Pierre-Outerbridge said. Charities do not apply to apartments in buildings where the landlord owns 10 or fewer units.

Negotiation is essential

Both parties must be reasonable when it comes to renovations, so it’s important to negotiate with your landlord. Pierre-Outerbridge recently handled a case involving a landlord needing to repair stairs in a walk-up. The tenant had the right to stay, but the landlord also had the obligation to remedy the hazard. This created an opening for the tenant to negotiate a favorable relocation agreement. If the tenant had refused to talk and let the matter go to court, they might have gotten nothing. “It’s a fine line,” Pierre-Outerbridge said.

Another common situation is an elevator that needs to be offline for repairs. If the building has only one elevator and elderly residents cannot manage the stairs, this may be an opportunity to negotiate a temporary move.

Always make sure you have a detailed moving agreement

If you wish to return to your apartment, this must be discussed in advance. “No tenant is allowed to move without a relocation agreement,” Pierre-Outerbridge said. The agreements she writes are long: a maximum of thirty pages. “A lot of things happen when you leave your apartment; contractors don’t show up, there are disputes and labor shortages,” she added.

You want to cover every possible event in your moving agreement. This includes the basics like storage, moving services, and property loss or damage. The agreement can also specify whether you can view the apartment during the renovation and whether the air quality will be tested after the sanding work. If the construction team uses the electrical outlets in your unit, the agreement may specify who is responsible for the apartment’s utilities.

“If you don’t have a lawyer, you might end up with an agreement that’s two pages long and all of it is missing,” Pierre-Outerbridge said.

In a recent agreement drafted by her company, a tenant could include a clause about adding handrails to the bathroom — and even pick out a new tile color. “You really need a lawyer for that level of detail,” she added.

Altagracia Pierre-Outerbridge, Esq. is the owner of Outerbridge Law PC, which focuses primarily on tenant representation. The firm represents all parties in landlord-tenant disputes and transactional matters, such as monthly overages, nuisance cases, licensee cases, harassment claims, repair cases, tenant buyouts, inheritance claims, DHCR overcharges and rent reductions and more. Pierre-Outerbridge has 15 years of litigation experience before Supreme, DHCR and Housing Court. To submit a question for this column, click here. To contact Outerbridge Law PC directly, call 212-364-5612 or 877-OUTERBRIDGE, or schedule a meeting today.