Can landlord terminate lease for renovations?

[Florid-aise]

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.

Very interesting language, I will give you that.

In most states, leased premises that become untenable (fire, natural disaster, acts of God, etc.), the rental amount becomes abated. Abated rent only until the leased premises become once again tenable. Nothing in the untenable period releases the binding contract between LL and the tenant otherwise.

Basically what that means is that even if you did have to move out, once the place was repaired, you would be able to move back in. The contract between your LL and yourself, is proof enough of that legal issue in any court in any state that I am aware of.

 

[BL]

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.

so now is the time to call the local building inspector's office and find out if this unit is in-fact legal or illegal , and weather or not it can or can not be legally occupied.

If they have and code violations on your unit or similar to do with this notice from the LL , request a copy of it .

If there is code violations , and it's not clear if the unit can be occupied during repairs , contact the code inspector or office and ask .

If it's not suppose to be occupied , find out how long it's been illegal .

A landlord can't collect rent on an illegal property . He/she could owe you .
You also can't live there if it's illegal .

Arm your self with what's going on , then consult a LL/tenant attorney . Some will give you a short free phone call with a couple quick questions , if you email them .

 

[JETX]

Personally, I would tell the landlord that you are not willing to 'voluntarily' terminate your lease rights and have every intention of complying with the FULL lease provisions.... as you expect him to.

If he cares to provide some OFFICIAL written proof of the need to renovate or otherwise support his claim, he is welcome to provide it.
In the meantime, and based entirely on the contents of your post, I really don't see anyway that a court would grant his request to early termination of your lease.

Tell him he can do his renovations either:
1) At the end of your lease, or
2) If he pays you $5,000 (or any amount you want) compensation for 'damages' for you to agree to an early termination.

The point here is.... the lease gives YOU every legal right to remain a tenant. And the obligation is on the landlord to PROVE to you (and a court if necessary) that he has the right to an early termination of your legal right.

 

[BelizeBreeze]

Tell him he can do his renovations either:
1) At the end of your lease, or
2) If he pays you $5,000 (or any amount you want) compensation for 'damages' for you to agree to an early termination.

Have you SEEN rent levels lately in hawaii ???

 

[HomeGuru]

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.

**A: please post what is stated in the letter exactly as written. Do not interpret, paraphrase or use your own words. I am interested in the reasons they gave for early lease termination.

 

[Hawaiitenant]

**A: please post what is stated in the letter exactly as written. Do not interpret, paraphrase or use your own words. I am interested in the reasons they gave for early lease termination.

Here is the entire letter with personal info omitted:

"Dear,XXXXX

Thank you for accommodating the inspection yesterday, January 27, 2005 by allowing my plumber, the architect, the owner and myself to the unit.

As I mentioned to you in my previous letter that we have some plumbing problems at (address). I was informed today that they have to do renovations to you unit (apt. #), to correct some of these problems.

Therefore, this letter serves as an official 60-day notice to 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.

If you have any questions, please feel free to call the office at (phone #).

Yours Truly,

XXXXX
Property Manager

 

[JETX]

And my response letter would be:

"Dear Mr. Landlord:

I have received your letter dated XX/XX/05, which includes a 60 day REQUEST for a voluntary termination of my valid lease.

However, your letter provides NO specifics as to the 'renovations' to be made, their necessity, or any kind of timetable for these 'renovations'. Due to this missing information, your REQUEST to voluntarily terminate our lease rights is rejected. We reserve all rights of tenancy as provided by the Hawaii Revised Statutes, chapter 521.

If you would like to discuss this issue and make arrangements for your renovations while we remain in residence, please contact us at your convenience."

 

[HomeGuru]

I have modified it a little as noted in {}:

And my response letter would be:

"Dear Mr. Landlord:

I have received your letter dated XX/XX/05, which includes a 60 day REQUEST for a voluntary termination of my valid lease.

However, your letter provides NO specifics as to the 'renovations' to be made, their necessity, or any kind of timetable for these 'renovations'. Due to this missing information, your REQUEST to voluntarily terminate our lease rights is rejected. We reserve all rights of tenancy as provided by {our signed lease agreement and} the Hawaii Revised Statutes, chapter 521.

If you would like to discuss this issue and make arrangements for your renovations while we remain in residence {or make us an offer to relocate} please contact us at your convenience."

 

[JETX]

And I suggest the following modification (underlined).... to HG's modification:

"Dear Mr. Landlord:

I have received your letter dated XX/XX/05, which includes a 60 day REQUEST for a voluntary termination of my valid lease.

However, your letter provides NO specifics as to the 'renovations' to be made, their necessity, or any kind of timetable for these 'renovations'. Due to this missing information, your REQUEST to voluntarily terminate our lease rights is rejected. We reserve all rights of tenancy as provided by {our signed lease agreement and} the Hawaii Revised Statutes, chapter 521.

If you would like to discuss this issue and make arrangements for your renovations while we remain in residence or to negotiate an early termination of our lease, please contact us at your convenience."

 

[Hawaiitenant]

I like this letter quite a bit and think I will use it as my reply.
Do you think I will need to hire an attorney at any point?

 

[JETX]

Do you think I will need to hire an attorney at any point?

That depends largely on their response... and how aggressive they might become.

 

[Hawaiitenant]

Okay, thanks for all the help so far. Here is an update:

I did sent the reply letter to my property manager based on what was suggested here with only a few minor changes.
Today I received a letter from an attorney representing my landlord.
The letter gave me a 45 day notice of termination of my tenancy.
However the new twist to this ordeal is that in the letter, the attorney claims that my tenancy is only a 'month to month' tenancy!

Let me state that as sure as I am typing here, I have a written 3 year lease with the landlord which began last September. How do you suppose the attorney is claiming a month to month tenancy? I am wondering if this isn't an error somewhere on their part. Should I bring this to their attention at all?

 

[JETX]

Let me state that as sure as I am typing here, I have a written 3 year lease with the landlord which began last September. How do you suppose the attorney is claiming a month to month tenancy? I am wondering if this isn't an error somewhere on their part. Should I bring this to their attention at all?

Okay, it is clearly time to make a decision. Do you want to stay, given the fact that you're likely to have a pissed off landlord.... or do you want to move??

If you want to stay, I would send the attorney a very nice letter advising just as before.... only explaining that there appears to be some confusion about your lease term.... and include a copy of the section of your lease showing three years. You should understand that at this point, their 'terminations' of your lease are purely voluntary on your part. The ONLY way that they can LEGALLY force termination of your lease is with a court order. If your lease is as you say, AND if you are in full compliance (rent paid in full on time, etc.) then they will have a hard time trying to convince a court to get you out. The lease PROTECTS your rights.... just as it protects the owners.

 

[HomeGuru]

Okay, it is clearly time to make a decision. Do you want to stay, given the fact that you're likely to have a pissed off landlord.... or do you want to move??

If you want to stay, I would send the attorney a very nice letter advising just as before.... only explaining that there appears to be some confusion about your lease term.... and include a copy of the section of your lease showing three years. You should understand that at this point, their 'terminations' of your lease are purely voluntary on your part. The ONLY way that they can LEGALLY force termination of your lease is with a court order. If your lease is as you say, AND if you are in full compliance (rent paid in full on time, etc.) then they will have a hard time trying to convince a court to get you out. The lease PROTECTS your rights.... just as it protects the owners.

**A: I agree with JETX with the exception that I would send a copy of your entire lease (back and front) with the expiration date highlighted in yellow.
It appears that the property manager that hired the attorney never told them you have a 3 year lease.

 

[Hawaiitenant]

Okay, it is clearly time to make a decision. Do you want to stay, given the fact that you're likely to have a pissed off landlord.... or do you want to move??

If you want to stay, I would send the attorney a very nice letter advising just as before.... only explaining that there appears to be some confusion about your lease term.... and include a copy of the section of your lease showing three years.

Yes I would much rather stay than have to go though the troubles and cost of moving again.

Okay, a letter explaining the confusion about the lease term is a good idea so I will do that this week and see what happens.