Is my landlord violating the covenant of quiet enjoyment?

3 months after we signed our year lease, our landlord tells us she is getting a divorce and will be moving back into the house once our lease is up. She said if we move out in the next 2 months then she will give us 2 months free rent, but we don't want to move yet. She said since she won't be getting her house back for 9 months, she's going to have to start making repairs and improvements to the house now so it will be ready for her when she moves in. She has work planned about every other month (rewiring, new shed, garage, etc) until the end of our lease. She's made it obvious, due to a voicemail she accidentally left me, that she's trying to push us out. Is she violating the covenant of quiet enjoyment or is there anything we can do to assure some peace and quiet here?

Kansas City, MO -

Attorney Answers (1)

Michael B. Watkins

Michael B. Watkins

Real Estate Attorney - Ofallon, MO
Answered

Read lease carefully with a lawyer. She is probably violating as you indicate, but are you willing to go to court to get an order stopping her. Does the lease have an attorney fees provision? What does it say? Will probably cost $ 1,500 to $ 2,500. to bring your lawsuit and get an order. Decide the cost verus the benfit.

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