Q: May tenants refuse entry to landlord's vendors (for non-essential maintenance) to avoid contact with COVID-19...?
May tenants refuse landlords' requests (i.e., entry of vendors) for non-essential maintenance (i.e., issues that do NOT pose harm or a threat to habitability, and that will NOT cause further degradation to property if left until a later date) (e.g., painting walls) to avoid contact with COVID-19 (or for any other reason)?
A:
Questions of contract law almost always come down to "well, I need to see the contract."
However, lease agreements will typically have a provision that requires allowing the owner onto the property for maintenance.
They also usually have a Force Majeure clause that nullifies certain obligations of the contract if affected by an "act of god" among other extraordinary circumstances.
Courts have not yet had the opportunity to flesh out whether a viral pandemic qualifies as an act of god, but "act of god" is basically synonymous with "act of nature" and it seems like a fit to me. Right now there is a lot of speculation and debate about it.
Also, contracts that violate "public policy" (the intent of the legislature) or obligate the parties to engage in illegal conduct are not enforceable. You can argue it violates the stay-at-home and social distancing orders.
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