Legal Question in Landlord & Tenant Law in California

Displacement reimbursement

A water pipe broke in my apt. and I

had to move out as they opened the

walls and floor to fix it. I have been

out for a week, still have no water,

and plumbing still is not fixed much

less the walls and floor. What are my

reimbursement rights per day for

being out of my place and for the

inconvenience of no water , no

cooking, bathing, etc.? They want to

reimburse me and not have me

deduct it from my rent. Do I still

have to pay rent for those days I am

out if they reimburse me? I just

want to be covered by not having to

pay the prorated rent for the time I

am out, and also be compensated for

finding like lodging plus food for this

time period. Is there a formula or

limit? HELP! Thank you very much.


Asked on 5/29/07, 5:30 pm

1 Answer from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: Displacement reimbursement

There is no formula. You should keep track of your extra expenses for food and lodging, and the landlord will have to pay reasonable expenses (you can't go to a penthouse in Las Vegas). I certainly wouldn't pay rent, when you aren't able to live there...but you'll have to work out something fair with the Landlord, since, of course, he has the expense of repairs, plus lodging for you. There is no formula, and no time limit. Obviously, keep track of all your expenses, and work out whatever is fair with landlord. You should document (in writing...keep a copy) all discussions regarding your expenses. If you complain to landlord of substandard conditions (which are here), landlord cannot evict you for 180 days, PROVIDED that your rent is current. Good luck.

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Answered on 5/29/07, 5:53 pm


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