Can landlord force tenant to do non-emergency construction inside their apartment?

[francisco]

I live in NY and rent an apartment. My landlord has made inquires regarding remodeling my bathroom and replacing floors and windows. None of these repairs are of an emergency nature, he is just trying to increase the value of the property by doing these home improvements.

We do not want this construction to take place. As a tenant, do I have a legal right to tell him "no" while I reside in the apartment and pay rent?

All my lease says is Landlord can enter with 24 hours notice.

What are my legal rights? And how do I protect myself from my landlord coming in, without my consent, to start construction while I'm not home (when he could easily lie and claim he had my verbal permission).

Any advice or reference to NY State law regarding this would be appreciated.

Thanks!

[muata2]

All my lease says is Landlord can enter with 24 hours notice.

ah you're screwed

[victorio83]

All my lease says is Landlord can enter with 24 hours notice.

ah you're screwed

How does the remodeling benefit you? It is an inconvenience, because you'll have to live in a construction zone, and put up with strangers in your home, even in your absence. In return, as you point out, your rent may be increased. That's not a good deal.

Tell the landlord that you will agree to the remodeling if:
- the landlord agrees to lower your rent by 10% (or whatever you think is fair) for each day from the date anyone first comes into your apartment until the date the work is finalized and everything is cleaned up - including weekends and holidays;
- the apartment will be cleaned up by landlord's people at the end of each day, at no cost or inconvenience to you; if it is not, you agree to clean it up yourself, and the landlord agrees to pay you for two hours' worth of the fee of a cleaning agency (get three bids in writing, show them to the landlord, put the lowest amount in your agreement);
- the landlord agrees not to raise your rent more than he would if the remodeling had not taken place.

Write an agreement, print two copies, sign when he signs, give him one, keep one in a safe place.


Also talk to tenants' organizations and ask for advice.