what is owners/landlord financial responsibilities after a flood?
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what is owners/landlord financial responsibilities after a flood?
sewer water backed up into a small complex three weeks ago. Tenant does have
rental insurance. Tenant has been staying in a hotel. reserves are depleting due
to hotel expenses. we don’t know how long it will take for repairs. Are we as
landlord required to pay their hotel expenses?
Cesy Cruz
760.445.8886
cesyvelezyahoo.com
Asked on August 11, 2016 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You only have to pay their hotel expense if you were at fault in some way for causing the flood--for example, you'd previously had some minor flooding or backing up of the sewer line and so knew there was a problem but, despite knowing of the problem, refused to take any action to correct it. That failure to take reasonable preventive action could make you liable for the tenant's costs. But if you were not at fault, you are not liable or responsible.
You can't charge the tenant rent, however, until the unit is habitable again.
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