Legal Question in Real Estate Law in California
On Monday, November 29th, the apartment complex at which I reside was tented and fumigated. We were asked to leave, and find a place to stay for 2 days at our own expense. We were able to return the following Wednesday, and our rent was deducted $200.
On Thursday evening, a water pipe burst in our kitchen, underground. It flooded most our apartment: the kitchen, bedroom, and some of the living area.
We are being asked to leave for another 4 days, again at our own expense, even though our rent was just paid Wednesday, Dec 1st.
All they are offering to do is fix dilemma and reduce our rent for January, $100 for each day we are put out of the apartment.
I wanted to ask, if they are obligated to pay for hotel, whilst they repair the damage as well.
1 Answer from Attorneys
I believe they have an obligation to compensate you for the reasonable additional out-of-pocket costs of alternative accommodations. Perhaps both abating the rent and paying the motel bill would be a double recivery, however. This assumes you were not at fault for the flood or the resulting damages, either by causing it or failing to report it in timely fashion.