Omaha, NE asked in Landlord - Tenant for Nebraska

Q: If my apartment requires me to move out temporarily due to construction, can they force me to pay rent?

My apartment complex is rebuilding all the external 2nd and 3rd floor walkways. My building is the first. The management provided a 10 day notice. Tenets will not be allowed access to their apartments for 11 days. The apartment complex is providing 2 star hotel rooms and a 200 dollar stipend. We have no choice in hotel. We are still being required to pay rent despite not having access to our apartments. Most tenets are very upset about this activity.

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1 Lawyer Answer
Julie Fowler
Julie Fowler
  • Omaha, NE
  • Licensed in Nebraska

A: Depending on the terms of the lease, a tenant may be able to end the lease if the apartment becomes uninhabitable for a period of time. If improvements need to be made that require a tenant to be temporarily out of their apartment and the tenant does not want to end the lease, reasonable accommodations need to be made. If reasonable accommodations are made by the landlord and the tenant does not want to end the lease, the other terms of the lease would likely still apply including the rent continuing to be due per the terms of the lease. What is reasonable and allowed in your situation depends on the specific terms of the lease and specific facts of your situation.

Tim Akpinar agrees with this answer

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