Asked in Landlord - Tenant for Utah

Q: I work full time for a fortune 500 company by telecommuting from my leased apartment. I am an employee and not a

subcontractor. My apartment complex is having extensive renovation coming up and we have been told that we can stay in our apartment during construction but it will be noisy, dusty and windows removed and replaced. I will not be able to work in my apartment during this time as a telephone CSR and Due to the variable construction schedule, apt manager cant even give me dates when my apartment will be done so I can ask for those days off. My employer says if I don't schedule days off in advance and then miss work, I may be terminated. I cant work elsewhere during the construction because I have computers, telephones, fax machines, etc in my apartment office. I am between a rock and a hard place and need advice on my rights since the construction will be limiting my ability to work and even restricting my full use of my own apartment for up to several days. Might this be grounds for early termination of my lease if I cant work due to the dust, noise, and construction workers inside?

Related Topics:
1 Lawyer Answer
Wesley Winsor
PREMIUM
Wesley Winsor
Answered
  • Saint George, UT
  • Licensed in Utah

A: I think the best way to resolve this, is to talk to your employer and try to work something out. If they refuse to let you miss, then because you chose where you are living you will likely have no recourse if they fire you because you were unable to work. The other solution would be to set up a temporary office somewhere else and notify all of the patrons that you will be unable to use Fax. I am sure it is extremely inconvenient, but again you got to decide where you live so the burden of being available to work is on you.

I hope this helps.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.