If my apartment flooded but management doesn’t want to reimburseme for the cost of a hotel,what shouldI do?

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If my apartment flooded but management doesn’t want to reimburseme for the cost of a hotel,what shouldI do?

Our apartment has flooded (the A/C unit failed). Management isnot willing to place us in a hotel. We had to move all furniture into the living/dining room. We cannot cook and space is tight. They are willing to place us in a model apartment, but it doesn’t have wi-fi, which my wife needsfor work. And they want us to cook, do laundry, and work from an environment that is not suitable at the time. If we stay at a hotel, and they don’t reimburse for our expenses, do we have a case? I have to take off Monday from work to be here when the carpet repairmen comes in. Can we sue for reimbursement of funds spent on lodging, and from time off from work?

Asked on August 20, 2011 Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

As far as I can see it the apartment is uninhabitable and you should do what you need to do to be comfortable.  If what they are willing to provide is not comparable and does not have the necessities that you need to live and to work.  Just offering some place to sleep is not enough.  So I would go to the hotel and do what you need to do.   What you may need to do is to go to court and ask that you be permitted to pay your rent in to court until such time as the apartment is repaired, for an abatement of your rent (reduction) and/or for reimbursement of your hotel expenses.  Be reasonable.  No need to go to a Four Seasons, okay? Now, you need to make an insurance claim against the landlord.   You could also see if their tune changes if you ask if their coverage includes loss of income since the model apartment does not have wi fi.  You will get some compensation with help from the court but if they reimburse you for the hotel versus taking money off the rent that is hard to know.  Good luck. 


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