Legal Question in Real Estate Law in California
There was a leak in the condo above the one that we own. The tenants that rent our condo did not tell us about the leak, but instead moved out of the condo and into a very expensive hotel and only informed us of the problem after the HOA contacted us and informed us they needed our insurance information. The tenants now want us to pay them for their hotel stay and room service. We paid them the pro-rated rent lost for the days they were not in the unit, but they want all the money back. They went to the most expensive hotel in the area. Am I correct in believing we only owe them for the lost rent? What do you think about this?
1 Answer from Attorneys
Unless your rental agreement says otherwise, or you are under a rent control ordinance that says otherwise, you owe them nothing but to deduct from the rent for the days they were not able to occupy the unit. They also are not even entitled to the rent rebate if the unit was habitable.
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