Unwanted Bathroom Renovation

[TheWritersNook]

What is the name of your state (only U.S. law)? West Virginia

Our landlord has given notice that a crew will be here at 7am Monday morning to begin a complete renovation of the only bathroom in the house. We will not have an operable bathroom (toilet or shower/bath) for up to 4 days.

There are 4 children and 2 adults in the household. This poses a number of issues aside from the inconvenience of not having a bathroom for 4 days:

-Keeping our young children away from any dangerous tools or equipment that may be left unattended
-having everyone in the house exposed to the dust and mold that will be stirred up during the process (3 year old with asthma)
-my husband works night shifts and sleeps during the morning hours while they will be here working
-I breastfeed an infant and don't want men in and out of the house all day while I am feeding the baby

Do we have the right to tell them they cannot come in and do the renovations? When I brought up my concern to the head of the maintenance department about being without an operable toilet he told me to get a bucket!!!

 

[Cvillecpm]

I suspect there is a back-story here.....and the fact that they are coming to do the work AT ALL when the apartment is occupied suggests you have complained or that there has been a complaint regarding the bath that has gotten the authorities involved.

Take kids to the park or pool during the day and ask to use a neighbor's bathroom; otherwise, go to visit family or a local campground.

You can not stop them and you can go to another room to feed your infant

 

[TheWritersNook]

Thanks for the advice Cvillecpm. (My husband and I met and were married in C'ville).

There is no back-story that I know of. They have been renovating all of the bathrooms in the complex over the last year.

If there is no legal way out of it I guess I will have to just suck it up, but I have a real problem with having my life completely disrupted for a week.

I'm not sure what to tell my kids when they wake up in the middle of the night needing to use the restroom.

 

[Cvillecpm]

Obviously, the complex has been doing these rennovations for some time and you knew this was a possibility and should have planned for it.

You CONTROL your childrens' bathroom habits by CONTROLLING their liquid intake....no liquids after xPM and have them use the bathroom b4 going to bed.

 

[JETX]

Sorry, but as usual, cville is NOT correct... (Remember, she has NO legal education or knowledge... and relies on 'Nolo Press' for her 'legal' information). Her posts have also shown an extreme bias against tenants and pro-landlord.

So, back to the OP.
You need to contact your landlord ASAP. Tell them that you are going to REFUSE access for the workers unless the landlord provides either a pro-rated rent reduction or alternate housing during the 'construction'.

Though your state has pretty minimal tenant protections, it is likely that a good argument could be made as to the application of the following WV Code:
§37-6-28. Destruction of buildings; abatement of rent.
Where buildings or other structures upon leased premises, not owned by the tenant or removable by him, are destroyed by fire or otherwise, in whole or in part, without fault or negligence on the part of the tenant, there shall be, unless the lease otherwise provides, a reasonable reduction of the rent for such time as may elapse until there be placed again upon the premises buildings, or other structures, of as much value to the tenant for his purposes as those destroyed, and unless the landlord shall rebuild or replace such structures as soon as he can reasonably do so, the tenant may, after the expiration of such reasonable time, surrender the possession of the premises and be relieved of all further liability for rent, after the time of such surrender.

 

[TheWritersNook]

Thank you JETX. I read that section yesterday but assumed "buildings or other structures" applied to separate things like a garage, etc. I guess a bathroom could be considered a structure.

I am going to talk to the landlord today. There is a provision in our lease that states alternate accommodations will be provided if any necessary repairs cannot be completed within a reasonable time. I don't think that being without a bathroom for even a day is a "reasonable time".

 

[Who's Liable?]

I would concur with Jetx on this both regarding Cville, and the code.

Cville obviously has no understanding on how children work nor any understanding that major renovation on the only bathroom causes a MAJOR problem for ANY family.

 

[TheWritersNook]

I went to the office today and talked to someone who told me that I needed to discuss my concerns with the head of the maintenance department. I explained that I had already expressed my concerns to him and he didn't care. I was then told that I would just have to come back on Monday morning to talk to the person in charge because she wasn't in the office.

I'm not really sure what to do now. I have made it very clear that I am not okay with the renovations, but they will be here at 7am Monday before I have a chance to talk to anyone else.

I would like to refuse entry to them but I don't want to be evicted so I'm really at a loss as to what I should do.

 

[FarmerJ]

Prepare in writting a letter to send to them putting it into the mail SAT morning so they get it monday ! Send the letter via confirmed mail delivery and keep a copy stapled to your reciept. In your letter state the obvious , that you are aware of the work they wish to do to the bathroom and have been told you wont have the use of a bathroom for 4 days, in your letter tell them this is not acceptable and IF they do not provide you another unit to live in OR keys to a empty unit in the same building so you can go use the bathroom in it OR a rent reduction that will make it worth your while to stay in the unit and not have a functioning bathroom, that you will with out hesitation contact the health dept and have them come out and condemn the unit. Your LL cannot possibly expect any tenant to stay in a unit where the bathroom is gutted out ( no toilet) If the maint man doesnt like it TOO DAMN BAD it is possible to remodel a bathroom and leave a working toilet in place while work is done, I know this for a fact since I worked in maint for a group home firm and when there was no other toilet avail for client use then we had to work FAST to see to it that a toilet was reseated and working even if we had to ruin several wax rings by pulling it up daily & re seating it every day until the work was done (6 to 6.5 hour time frame when clients had DAC to attend) When I had rentals same thing , BIG huge work was never done to a occupied unit It was done inbetween. BTW if you have health dept/ inspections come out Let them condemn the unit right then and there. It will likely cancel your lease and then your free to move out. Your LL should have thought thru this alot better and waited till the unit was empty or offered temporary housing at his/ her expense to start with.

 

[TheWritersNook]

I have found information which states that federal law and OSHA require that a landlord test for lead and asbestos before any renovations are performed while the tenant is living in the unit.

Can anyone verify if this is true and if so, where can I find the actual law to reference in my letter to the apartment manager?

 

[FarmerJ]

How old is the building ? Its not perfect but generally buildings built after 1978? are not a major concern Re lead based paints. As far as asbestos risk in remodeling again I would suggest reading this Asbestos in Your Home | Asbestos | US EPA appears to be a good source of basic info.

 

[TheWritersNook]

Hi FarmerJ, thanks for the link. The building is pre-1978. All tenants were given a notice about 3 years ago that there is asbestos in the buildings. The floor tiles contain asbestos, as well as the wall behind the bathroom.

 

[FarmerJ]

So you are going to call your city inspections or health dept monday arent you ?

 

[TheWritersNook]

I know that I should but honestly I just want to convince them not to do the renovation as long as we are living here. We don't have the money to move right now so having the building condemned or involving the health department, etc. may not be the best option.

 

[BL]

I know that I should but honestly I just want to convince them not to do the renovation as long as we are living here. We don't have the money to move right now so having the building condemned or involving the health department, etc. may not be the best option.

Ya know what ?

If management /the LL/maintenance hasn't properly spelled out what is going to take place ,has a " licensed " contractor remove asbestos ,provide you with bathroom facilities , and especially asbestos abatement , you are going to be putting you and your family at risk of health , and the LL can NOT retaliate for calling the proper authorities.

You wanted advice and received it .