Can landlord terminate lease for renovations?

[Hawaiitenant]

What is the name of your state? Hawaii

I have a 3 year lease with my landlord and have been living in the unit for only 3 months and have paid the rent on time. I recently received a letter stating that I must vacate within 60 days because the landlord wants to perform 'renovations' on my apartment. I do not want to move again and want to know if this action by the landlord is legal and what are my rights and possible recourse?

 

[JETX]

What is the name of your state? Hawaii

I have a 3 year lease with my landlord and have been living in the unit for only 3 months and have paid the rent on time. I recently received a letter stating that I must vacate within 60 days because the landlord wants to perform 'renovations' on my apartment. I do not want to move again and want to know if this action by the landlord is legal and what are my rights and possible recourse?

And EXACTLY what renovations is the landlord planning on doing and why??

It would appear that the landlord would be liable to you for 'damages' per the following Hawaii statute:
http://www.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0521/HRS_0521-0063.htm

 

[BelizeBreeze]

And EXACTLY what renovations is the landlord planning on doing and why??

How much do you want to bet the 'Renovations' he's planning are either a vacation leasing agent or a new tenant willing to pay a hell of a lot more

 

[Hawaiitenant]

Thanks for the link.
According to the letter that I received, it says it is due to 'plumbing problems' with the apartment which sounds odd to me because I am sure any plumbing work can be done without having to evict the tenant right? Or is there something about plumbing work that I am unaware of?

 

[JETX]

According to the letter that I received, it says it is due to 'plumbing problems' with the apartment which sounds odd to me because I am sure any plumbing work can be done without having to evict the tenant right? Or is there something about plumbing work that I am unaware of?

Okay, lets play '100 questions'....
- And EXACTLY what 'plumbing problems' are in the unit??
- And EXACTLY what did the landlord say when you asked for a written description of the repairs??
- And EXACTLY what did the landlord say when you said you weren't going to accept his notice without your being compensated for your 'damages' (costs of moving, transfer utilities, extra for hassle, etc.)?

 

[Hawaiitenant]

Okay, per what I have been told during a visit 2 days ago:

The units upstairs in this two story complex (about 8 or 9 units total) have low water pressure. My unit on the first floor actually has NO noticable problems. Everything works fine.
As for a description of the repairs, I have not requested one (perhaps I should?) and I have not replyed to the vacate letter yet since I just received it today and am trying to better understand where I stand first before deciding what to do. So any advice would be greatly appreciated!

 

[JETX]

The units upstairs in this two story complex (about 8 or 9 units total) have low water pressure. My unit on the first floor actually has NO noticable problems. Everything works fine.

Low water pressure upstairs has NOTHING to do with your plumbing. Tell the landlord to install a booster pump if the city service is not sufficient.

As for a description of the repairs, I have not requested one (perhaps I should?)

Yep, do it.

This sounds like an excuse to terminate your lease for some reason and I doubt that the landlord could convince a court that he is required to terminate your lease in order to boost the water pressure upstairs.

 

[FarmerJ]

Even if your LL had to have new water lines installed to the upper floors that are larger you still could live there while the work is done . I lived in building that was built in 1888 back in 1980 when the LL had to have larger water lines ran to the 3rd floor units to increase the flow . NO one had to move , we all continued to live there while the plumber did what was needed .

 

[Florid-aise]

Even if your LL had to have new water lines installed to the upper floors that are larger you still could live there while the work is done . I lived in building that was built in 1888 back in 1980 when the LL had to have larger water lines ran to the 3rd floor units to increase the flow . NO one had to move , we all continued to live there while the plumber did what was needed .

This example - is the example - of Belize's example.

Count on it.

 

[JETX]

Even if your LL had to have new water lines installed to the upper floors that are larger you still could live there while the work is done.

Larger lines with the same pressure source will make LESS pressure at the end. The way to increase pressure at the end of the 'system' is to use smaller lines.... less volume, but more pressure.
Or, increase the pressure by adding a booster pump.

 

[BelizeBreeze]

Larger lines with the same pressure source will make LESS pressure at the end. The way to increase pressure at the end of the 'system' is to use smaller lines.... less volume, but more pressure.
Or, increase the pressure by adding a booster pump.

OR, tell the landlord to stick the pipe where the sun don't shine and see if he likes the change in pressure

 

[FarmerJ]

There is a difference between water pressure and poor flow If this structure you live in has city water your city water dept can test for you the pressure and determine if there is sufficent pressure or not . If your building was plumbed with steel lines that are more than 40 to 50 yrs old likely the lines have narrowed and are reducing the flow . Your local water dept can even tell you how old the main line is that feeds your unit . My last multi unit that I used to live onsite had a 1910 water line that had poor flow because it had narrowed down to a inside diameter of less than a pencil . New line from the street corrected it . Your city housing inspections unit can tell you if there are any work orders to replumb the building or permits filed to have a plumber or mechanical contractor do any work . Then you can get a better idea of the project and use it to help you plan on how approach this matter . If you need further information contact a real estate atty who can help give you a opinion as to wether this is something you can fight or not . Take your copy of the lease with you when you go .

 

[JETX]

If your building was plumbed with steel lines that are more than 40 to 50 yrs old likely the lines have narrowed and are reducing the flow.

According to the OP, the issue is "low water pressure".... not 'flow' (which is volume).

Most municipal water systems provide water at between 30 to 50 psi. If the pressure at the customer service is less than that, furnish a booster pump.
For more, go to:
http://www.pressurebooster.com/
http://www.goulds.com/pdf/GPAqBoostBr.pdf





Your local water dept can even tell you how old the main line is that feeds your unit . My last multi unit that I used to live onsite had a 1910 water line that had poor flow because it had narrowed down to a inside diameter of less than a pencil . New line from the street corrected it . Your city housing inspections unit can tell you if there are any work orders to replumb the building or permits filed to have a plumber or mechanical contractor do any work . Then you can get a better idea of the project and use it to help you plan on how approach this matter . If you need further information contact a real estate atty who can help give you a opinion as to wether this is something you can fight or not . Take your copy of the lease with you when you go .[/QUOTE]

 

[HomeGuru]

What is the name of your state? Hawaii

I have a 3 year lease with my landlord and have been living in the unit for only 3 months and have paid the rent on time. I recently received a letter stating that I must vacate within 60 days because the landlord wants to perform 'renovations' on my apartment. I do not want to move again and want to know if this action by the landlord is legal and what are my rights and possible recourse?

**A: how much is L willing to offer you to move out?

 

[Hawaiitenant]

Thanks for the many responses.
I want to point out that the problem with the plumbing could be both pressure and/or water flow. However what bothers me is that my neighbor next door to my left has not been asked to vacate. In fact a new tenant just moved in on my right side about 2 weeks ago.
I am beginning to suspect that there could be another reason not stated in the letter I received. A few days ago the landlord and property manager came over along with an architect and a plumber to look over my unit. It came up during disscussion that an extension room that is unique with my apartment did not have a building permit and that it may have to be razed? From what I understand, this extension has been here a very long time with no problems and I do wonder why it is becoming an issue now.
As for me being compensated for having to move, the tone of the letter I received makes that seem quite far from their minds. I excerpt the following:

"Therefore, this letter serves as an official 60-day notice for you to vacate the above referenced property by March 30, 2005. In the event you find a replacement property before March 30, 2005, you will be allowed to vacate early without penalty."

"will be allowed to vacate early without penalty" is even underlined in the letter.