Is a landlord responsible for paying a tenant's hotel expenses when
the rental unit has flooded even if the tenant has not paid rent? |
Request for Question Clarification by
weisstho-ga
on
03 Dec 2005 19:03 PST
The most probable answer is that "no," the landlord is almost
certainly not liable for hotel expenses in the case of a flood under
common law, whether the rent is paid or not; BUT - some state laws may
make an allowance for such liability.
What state is the residence in?
weisstho-ga
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Request for Question Clarification by
cynthia-ga
on
03 Dec 2005 20:27 PST
How did the flood happen?
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Clarification of Question by
clydetheglyde-ga
on
03 Dec 2005 20:41 PST
We are in California
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Clarification of Question by
clydetheglyde-ga
on
03 Dec 2005 20:43 PST
We are in California and the flood occured because of a hot water pipe
bursting under the floor.
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Clarification of Question by
clydetheglyde-ga
on
03 Dec 2005 20:55 PST
The hot water pipe burst sometime while the tenants were on vacation.
They came home to a flood on 11/28. I was informed on 11/29 and had
flood rescue contractor on sight in a couple of hours...
Because of potential mold, we needed to move quickly. I told the
tenants to not pay December rent and find a hotel. I offered to pay
up to $500 in reimbursement for hotel expenses until the home was
repaired and they could move back in.
They want to be compensated for all hotel expenses which will
ultimately be a bit more than $500. I suggested they contact their
renter's insurance and they said their insurance did not cover hotel
expenses, but every renter insurance carrier I've called said it's
standard to cover hotel expenses.
Thank you so much for the help!
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Request for Question Clarification by
cynthia-ga
on
03 Dec 2005 21:52 PST
Why didn't you prorate rent to the number of days the swelling _could_
be occupiued in December? If you take that into consideration, does it
come to less than $500 then? If it's just a bit more, I'd pay it just
to not go through the hassle of the fight, which liukely would cost a
lot more.
This might help:
CALIFORNIA T E N A N T S - a guide to residential tenants? and landlords?
rights and responsibilities
http://www.dca.ca.gov/legal/landlordbook/catenant_download.pdf
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Clarification of Question by
clydetheglyde-ga
on
03 Dec 2005 23:11 PST
Thanks...
If they move back in before the end of December, they will have to pay
the prorated rent, but I won't know how much that will be until the
job is done...I just didn't want them to pay rent 2 days after the
flood not knowing when they could get back into the house.
I think I'm being more than reasonable with their expenses, but also
want to know if I'm doing was is legally correct.
Thanks, again...
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Request for Question Clarification by
cynthia-ga
on
04 Dec 2005 05:02 PST
Now it makes sense, I was thinking something else as to the unpaid
rent. For instance, if a fridge breaks and the tenant is CURRENTLY
LATE in paying rent, the landlord is relieved of some liability.
It is my opinion that you should pay the hotel, and give the tenants
credit for the unoccupied days.
I have no proof for my premise, but I can tell you a story. I was
renting the main floor of a vertical tri-plex. The side sewer broke. A
plumber came but it was too big a job, a specialist was needed, and 1
day stretched to 2, then 3... After 5 days with no water or sewer, I
was angry and called the city. The city, naturally considered this an
emergency and gave the owner of the dwelling 24 hours to fix it before
they moved me to a hotel and [back] charged the owner. I was also told
that because I had reported this, the owner could not raise my rent
for 8 months. That doesn't concern you, but it was interesting.
Yes, you are responsible for the tenants not having a dwelling. As far
as whether you have to eat the cost of the hotel AND the rent for the
unoccupied days --I'm unsure. I would consider [your paying] the
unoccupied days rent as payment for the major inconvenience, a cheap
way to keep the relations happy. The tenants are not happy campers, I
can assure you.
You haven't relly offered enough in the way of compensation for me to
get to the bottom of it, and frankly, I think you should throw the
money at the tenants, not me.
Possibly they will let you review theu renters insurance or talk to
their adjuster. Good luck to you.
~~Cynthia
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