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What Compensation Must a Landlord Pay to Tenants Displaced Due to Repairs

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  • 11-27-2015, 11:42 AM
    MC2405
    What Compensation Must a Landlord Pay to Tenants Displaced Due to Repairs
    My question involves landlord-tenant law in the State of: California
    I have tentants in my condo on a year lease. I have an HOA that is handling the issues with leakes that lead to mold in the condo. The HOA is handling all the repairs and remediation at this time. I placed my tentants in a hotel that offers them a kitchen for their family and that is equally comparable to the condo that they live in. My renters choose NOT to have Renters Insurance. I am paying for their hotel out of my own pocket and my HOA states that they will reimburse me the hotel fees (but not the fees for food) due to my HOA dues that I have been paying every month. Now my tentants are requesting that I reimburse them for the days that they are not in the condo, while I provided accomodations for them to be displaced. Can anyone comment on what I am legally responsible for as to their costs and reimbursement to the tenants? Thank you for your time.
  • 11-27-2015, 11:53 AM
    adjusterjack
    Re: Tentant's Rights As to Costs
    First thing I have to tell you is this: If you don't already KNOW what your "legal" responsibilities are, you have no business being a landlord and you are likely to lose your shirt in the long run.

    That being said, what you are legally responsible for depends on what kind of leak, where the leak came from, and what caused it. Explain that and I may be able to provide you with helpful comments as I handled a ton of condo water damage claims before I retired.
  • 11-27-2015, 12:03 PM
    MC2405
    Re: Tentant's Rights As to Costs
    Thank you for your advice.
    The mold was caused by leaks that were behind the walls that were shared by the condo that is directly attached to mine. The leaks were found behind the kitchen sink wall and bathroom wall. The HOA is replacing all the pipes and just recieved air clearance to continue "putting my house back together." The HOA is handling all the costs as to the repairs. My question is , do I have to pro-rate the tentants rent and give it back to them even though I have provided them accomodations while the repairs are in process?
  • 11-27-2015, 12:21 PM
    jk
    Re: Tentant's Rights As to Costs
    If they want pro-rated rent they are responsible for their own temp housing. They have no claim for free housing and pro-rated rent.
  • 11-27-2015, 12:27 PM
    MC2405
    Re: Tentant's Rights As to Costs
    Thank you!
  • 11-27-2015, 02:42 PM
    adjusterjack
    Re: Tentant's Rights As to Costs
    Quote:

    Quoting MC2405
    View Post
    Thank you for your advice.
    The mold was caused by leaks that were behind the walls that were shared by the condo that is directly attached to mine. The leaks were found behind the kitchen sink wall and bathroom wall. The HOA is replacing all the pipes and just recieved air clearance to continue "putting my house back together." The HOA is handling all the costs as to the repairs. My question is , do I have to pro-rate the tentants rent and give it back to them even though I have provided them accomodations while the repairs are in process?

    You were not negligent in this matter.

    You owe the tenant NOTHING. No hotel bill. No food. No nothing.

    If the unit was uninhabitable during the repairs, the tenant may have had a statutory right to to leave without paying any more rent and you would have had to return the deposit. Beyond that you would have owed nothing.

    By paying for temporary lodging you've done more than enough. If you want to continue to do that and keep the tenant, you are still entitled to the full rental amount. If the tenant wants and gets a rent concession then you no longer pay for the lodging.

    The trouble with tenants: Give them an inch and they'll want a foot. Give them a foot and they'll want your leg.

    You need to learn to say no to tenants when something is not your fault and beyond your control. If they choose not to have their own insurance, that's their problem not yours.
  • 11-28-2015, 06:55 AM
    Catmad
    Re: Tentant's Rights As to Costs
    I'm trying to understand why you would be responsible for their food. Could you explain?
  • 11-28-2015, 10:10 AM
    MC2405
    Re: Tentant's Rights As to Costs
    The tentants are stating that they have to eat out everyday, when their hotel room has a fully equipped kitchen!
    They are trying it on stating it's additional monies that are being spent, had they had their own house and kitchen.
    I agree with adjuster jack, give them an inch and they'll want a foot!
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