Who is responsible for the costs of staying in a motel when flooding occurs in a rental home?
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Who is responsible for the costs of staying in a motel when flooding occurs in a rental home?
Rental home flooded from broken washer hose. The tenant was away at the time and all her furniture had to be removed from the house and put in storage in order to pull up carpet and flooring and open walls, etc. She returned 3 days later and needs a place to stay for 1 or 2 months while repairs are done. Costs for alternate housing/motels will be more than rent has been. Who is responsible to find a temporary place and who pays for it? Does she continue to pay us rent if we have to pay for alternate place? She has no renter’s insurance. What is the landlord’s obligation?
Asked on January 28, 2011 under Real Estate Law, Oregon
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
As a very general rule, the landlord can't take the rent without providing a place to live for the tenant. For advice relevant specifically to your situation, you'll need to consult with an attorney w/landlord-tenant experience who can evaluate all the facts in detail. Some general guidelines or principals:
1) The leak was the tenant's fault--the tenant abused, damaged, etc. the washer. In this case, the landlord can continue to collect rent; can apply the security deposit vs. repairs or sue for repair costs; and does not have to pay for a motel.
2) The leak was the landlord's fault--poor or no maintenance, ignoring problems or complaints with the machine, installed badly by landlord, etc. In this case, the landlord is reponsible for the tenant's loss. May collect rent but must also pay for the tenant to live somewhere (somewhere decent and more or less comparable in quality) and other related costs, like storing and repairing belongings, moving costs, etc.
3) The leak is no one's fault--no one did anything wrong but the machine/hose gave out. This might be grounds for the landlord to terminate the lease early the basis of impossibility or impacticality--with no fault, the landlord can't provide what the lease calls for. Or the landlord could collect the rent but put the tenant up somewhere else (which may be impractical, in which case the landlord would probably prefer, if possible, to terminate the lease).
Note that if either the tenant or the landlord has insurance, the insurer may cover some of these costs.
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