Copyright by, and republished with permission of, Apartment Law Insider.
Covid-19 has seriously impacted almost every aspect of residential and commercial life in one manner or another—but, as a recent case illustrates, especially in those situations where a contemplated timeline for work was obstructed or delayed by governmental edicts that that imposed an involuntary “pause”. There, a landlord needed access to an apartment to complete a project; the issue wound up before the court; the tenants agreed to vacate the unit for a stipulated period of time to accommodate the work; the project stalled due to the pandemic; and the parties were back in court to consider the consequences.
On August 1, 2019, Timothy and Kiko Tabor stipulated on the court record with 148 Duane LLC that they would relocate from their apartment for 12 months, with 148 Duane covering the costs of their relocation, including paying up to $25,000 a month for comparable housing less the amount of their current rent. The parties also agreed that “[i]n the event that the relocation needs to be extended beyond the twelve-month period because [148 Duane] failed to complete the construction within that time period there will be a per-diem penalty of $500 per day without prejudice to the [Tabors] seeking additional remedies before this Court.” The parties clarified that the penalty applied if the building’s essential services, defined as those that make the apartment habitable, were still out.
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