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.


Asked on 12/03/10, 10:19 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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.

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Answered on 12/09/10, 1:44 pm


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