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When the tenant must tolerate modifications carried out of the apartment landlord?

Rented an apartment from time to time requires a different construction or other modifications. In what cases the law does not allow the lessee to refuse treatment? It may happen also that the tenant will not be carried out due to work temporarily can not be taken. What is in this situation, right?

The landlord and tenant may be on the terms of execution of construction works or changes in the apartment deal. "Always closely delimit mutual rights and obligations. Thus, in particular, the subject and scope of change and the financial settlement, "suggests Luke Green, head of the legal department Dtest.

If the tenant and the landlord agree on modifications, the tenant is obliged to tolerate treatment rented apartment in only three cases stipulated by law:
1) The adjustment does not diminish the value of housing and its implementation does not constitute a tenant more discomfort (such as replacing kitchen cabinets or old windows).
2) The landlord is obliged to make the amendment by order of a public authority, for example on the basis of the planning authority.
3) If someone directly threatens particularly serious harm. An example might be a need for temporary structural support flat after a gas explosion in a neighboring apartment.

For demanding adjustments may be also that the tenant will not be able to temporarily use. His rights in this situation differs depending on whether the arrangements needed to implement the agreement or not. If the agreement does not require the lessee has two fundamental rights.

He has the right to be informed at least three months in advance of the nature of the work envisaged, the time of commencement and the duration and the time for which must be cleared. The lessor must also learn about the consequences if he refuses to vacate the apartment. If, however, be cleared for a maximum period of one week, it is sufficient that the landlord inform the tenant at least ten days before starting work.

"The second law, the tenant is entitled to require the lessor adequate compensation of effective costs that incurred in connection with vacating the apartment arise. This may include the reimbursement of moving to another temporary residence or increased costs of rent and services in a temporary home, "says Luke Green.

If the tenant refuses to vacate the apartment or does not respond, or within 10 days of receipt of the notice, the landlord can file a lawsuit against a tenant and seek to bring about eviction (time editing), the court ruled. Eviction must be really necessary, it can not be just about the unjustified arbitrary decision landlord.

Source: tz

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