Does a landlord have to pay for a hotel, cost of food, mileage, or any other financial loss due to faulty plumbing?

UPDATED: Oct 2, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 2, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Does a landlord have to pay for a hotel, cost of food, mileage, or any other financial loss due to faulty plumbing?

Our basement has flooded 5x’s since we moved into this rental on June 9th of this year. The first time was our first full night here. We are exposed to raw sewage, the wall has been opened up and now we are also exposed to mold. Our youngest is severely asthmatic and tbe home reaks of sewage. We have headaches, and stomach issues. We can’t keep doing this. Do they at least need to reimburse us if we get a room? Plus, we have continued to pay rent, now we can’t shower, wash dishes, use the restroom, brush or teeth and so on. We are driving back and forth 1-2x’s a day over 30 miles away to shower and stay.

Asked on August 1, 2019 under Real Estate Law, Idaho


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The landlord cannot have it both ways: they can continue to collect rent while the home is inhabitable, but then they have to pay to put you up elsewhere; or if the home is uninhabitable and cannot be restored within a reasonable time, they can terminate the lease--you'll have to find and pay for you own place to live, but you won't pay rent here. They cannot collect rent while failing to provide you a place to live.
You should consult with a landlord tenant attorney about your options--there are several ways to potentially deal with this situation, and you'll want to pick the one best for your family. You may be able to terminate the lease and get either some rent back or some hotel, travel, etc. reimbursement. Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption