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jimsett

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Posts: 7
Reply with quote  #1 

I am the landlord for a single condo unit in a complex that is to be tented and fumigated for termites.  The tenants will have to be out of their unit for two nights.

Since this is probably considered a "repair," under California law I'm obligated to pay for the nights they must be out of their unit.  Is that obligation limited to the prorated amount of their rent, or am I required to pay for a hotel even if it exceeds that amount?

In handling the reimbursement, it seems that a reduction in rent would be the easiest way to handle this, but are there any other tips or got-chas I should know about?

Thanks!

LLinVA

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Posts: 547
Reply with quote  #2 
What does CA law actually say? Have you found the actual law yet, or just articles talking about it?

I would think that you need to cover the full expense, beyond pro-rated rent. It isn't their fault this happened. They pay rent to have housing all month, you signed a lease promising to provide that. Of all states, I doubt CA would allow you to just discount rent. One or two nights is bad enough, but imagine the unanticipated costs of a two-week or longer stay for a family for a larger repair. 

I think the best break you will get is finding the cheapest place and reimbursing for that amount, and if they choose to pay the difference for a nicer place, then that would be on them. You would still need to pay for the amount of the cheaper place.
martincsk

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Posts: 1
Reply with quote  #3 
I was in a similar situation. I discussed it with my lawyer. He said there is nothing in CA law that would say that I needed to pay for her hotel stay. He said reimbursement of the rent would be sufficient. 
However, if the tenants seem to be making threats about going to court, he said it would be much cheaper to just pay for the hotel. You might be able to find something cheaper on AirBNB, that's what I ended up doing.
My situation was even worse than yours, the reason why my tenants place became uninhabitable was flooding - caused by the tenant. I still decided to pay the extra for AirBnB, however, I gave the tenant 30 day notice (we had a month-to-month contract). Now, she is someone else's problem.
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