How much notice should be given to tenants by landlord when asking to evacuate building for repairs?
Full Question:
Can a landlord of an apartment complex make the tenants evacuate the building to fix a supposed "plumbing" problem. If so how much notice has to be given. When we first moved in we were advised about the problem and was told that we would only be able to sign a six month lease because they wanted to work on the plumbing at the end of January. Are lease was supposed to end on 1/31/08. However, we were notified yesterday that we must evacuate immediately, because they want to start the work ASAP. Is this legal?
10/18/2007 |
Category: Landlord Ten... ยป Repairs |
State: Tennessee |
#10492
Answer:
The applicable Tennessee statutes are as follows:
66-28-303. Possession of dwelling.
At the commencement of the terms, the landlord shall deliver possession
of the premises to the tenant in compliance with the rental agreement and
§ 66-28-304. The landlord may bring an action for possession against any
person wrongfully in possession and may recover the damages provided in §
66-28-512(c).
66-28-304. Maintenance by landlord.
(a) The landlord shall:
(1) Comply with requirements of applicable building and housing codes
materially affecting health and safety;
(2) Make all repairs and do whatever is necessary to put and keep the
premises in a fit and habitable condition;
(3) Keep all common areas of the premises in a clean and safe
condition; and
(4) In multi-unit complexes of four (4) or more units, provide and
maintain appropriate receptacles and conveniences for the removal of
ashes, garbage, rubbish and other waste from common points of collection
subject to § 66-28-401(3).
(b) If the duty imposed by subdivision (a)(1) is greater than any duty
imposed by any other paragraph of subsection (a), the landlord's duty
shall be determined by reference to subdivision (a)(1).
(c) The landlord and tenant may agree in writing that the tenant
perform specified repairs, maintenance tasks, alterations, and
remodeling, but only if the transaction is entered into in good faith and
not for the purpose of evading the obligations of the landlord.
(d) The landlord may not treat performance of the separate agreement
described in subsection (c) as a condition to any obligation or
performance of any rental agreement.
66-28-401. General maintenance and conduct obligations.
The tenant shall:
(1) Comply with all obligations primarily imposed upon tenants by
applicable provisions of building and housing codes materially affecting
health and safety;
(2) Keep that part of the premises that the tenant occupies and uses as
clean and safe as the condition of the premises when the tenant took
possession;
(3) Dispose from the tenant's dwelling unit all ashes, rubbish,
garbage, and other waste to the designated collection areas and into
receptacles;
(4) Not deliberately or negligently destroy, deface, damage, impair or
remove any part of the premises or permit any person to do so; and shall
not engage in any illegal conduct on the premises; and
(5) Act and require other persons on the premises, with the tenant's or
other occupants' consent, to act in a manner that will not disturb the
neighbors' peaceful enjoyment of the premises.
66-28-402. Rules and regulations.
(a) A landlord, from time to time, may adopt rules or regulations,
however described, concerning the tenant's use and occupancy of the
premises. It is enforceable against the tenant only if:
(1) Its purpose is to promote the convenience, safety, or welfare of
the tenants in the premises, preserve the landlord's property from
abusive use, or make a fair distribution of services and facilities held
out for the tenants generally;
(2) It is reasonably related to the purpose for which it is adopted;
(3) It applies to all tenants in the premises;
(4) It is sufficiently explicit in its prohibition, direction, or
limitation of the tenant's conduct to fairly inform the tenant of what
the tenant must or must not do to comply;
(5) It is not for the purpose of evading the obligations of the
landlord; and
(6) The tenant has notice of it at the time the tenant enters into the
rental agreement.
(b) A rule or regulation adopted after the tenant enters into the
rental agreement is enforceable against the tenant if reasonable notice
of its adoption is given to the tenant and it does not work a substantial
modification of the rental agreement.
66-28-403. Access by landlord.
(a) The tenant shall not unreasonably withold consent to the landlord
to enter into the dwelling unit in order to inspect the premises, make
necessary or agreed repairs, decorations, alterations, or improvements,
supply necessary or agreed services, or exhibit the dwelling unit to
prospective or actual purchasers, mortgagees, tenants, workers or
contractors.
(b) The landlord may enter the dwelling unit without consent of the
tenant in case of emergency. "Emergency" means a sudden, generally
unexpected occurrence or set of circumstances demanding immediate
action.
(c) The landlord shall not abuse the right of access or use it to
harass the tenant.
(d) The landlord has no right of access except:
(1) By court order;
(2) As permitted by §§ 66-28-506 and 66-28-507(b);
(3) If the tenant has abandoned or surrendered the premises; or
(4) If the tenant is deceased, incapacitated or incarcerated.
66-28-501. Noncompliance with rental agreement by landlord.
(a) Except as provided in this chapter, the tenant may recover
damages, obtain injunctive relief and recover reasonable attorney's fees
for any noncompliance by the landlord with the rental agreement or any
section of this chapter upon giving fourteen (14) days' written notice.
(b) If the rental agreement is terminated for noncompliance after
sufficient notice, the landlord shall return all prepaid rent and
security deposits recoverable by the tenant under § 66-28-301.
66-28-502. Failure to supply essential services.
(a)(1) If the landlord deliberately or negligently fails to supply
essential services, the tenant shall give written notice to the landlord
specifying the breach and may do one (1) of the following:
(A) Procure essential services during the period of the landlord's
noncompliance and deduct their actual and reasonable costs from the
rent;
(B) Recover damages based upon the diminution in the fair rental value
of the dwelling unit, provided tenant continues to occupy premises; or
(C) Procure reasonable substitute housing during the period of the
landlord's noncompliance, in which case the tenant is excused from paying
rent for the period of the landlord's noncompliance.
(2) In addition to the remedy provided in subdivision (a)(1)(C), the
tenant may recover the actual and reasonable value of the substitute
housing and in any case under this subsection (a), reasonable attorney's
fees.
(3) "Essential services" means utility services, including gas, heat,
electricity, and any other obligations imposed upon the landlord which
materially affect the health and safety of the tenant.
(b) A tenant who proceeds under this section may not proceed under §
66-28-501 or § 66-28-503 as to that breach.
(c) The rights under this section do not arise until the tenant has
given written notice to the landlord and has shown that the condition was
not caused by the deliberate or negligent act or omission of the tenant,
a member of the tenant's family, or other person on the premises with the
tenant's consent.
66-28-504. Unlawful ouster, exclusion, or diminution of service.
If the landlord unlawfully removes or excludes the tenant from the
premises or willfully diminishes services to the tenant by interrupting
essential services as provided in the rental agreement to the tenant, the
tenant may recover possession or terminate the rental agreement and, in
either case, recover actual damages sustained by the tenant, and punitive
damages when appropriate, plus a reasonable attorney's fee. If the rental
agreement is terminated under this section, the landlord shall return all
prepaid rent and security deposits.
66-28-513. Remedies for abuse of access.
(a) If the tenant refuses to allow lawful access, the landlord may
obtain injunctive relief to compel access, or terminate the rental
agreement. In either case, the landlord may recover actual damages and
reasonable attorney's fees.
(b) If the landlord makes an unlawful entry or a lawful entry in an
unreasonable manner or makes repeated demands for entry otherwise lawful
but which have the effect of unreasonably harassing the tenant, the
tenant may obtain injunctive relief to prevent the recurrence of the
conduct, or terminate the rental agreement. In either case, the tenant
may recover actual damages and reasonable attorney's fees.
66-28-516. Obligation of good faith.
Every duty under this chapter and every act which must be performed as
a condition precedent to the exercise of a right or remedy under this
chapter imposes an obligation of good faith in its performance or
enforcement.