Having your sense of security and comfort at home disrupted by rental repairs can be traumatic. Our homes offer a respite from the long workweek, the exhaustion of running errands, and navigating through the perils of traffic every day. For many of us, the greatest peace is found in the evenings as we enjoy a nice dinner, kick back, and maybe even look forward to sleeping in on the weekend. But just when you least expected it, something may have gone seriously awry in your rental home or apartment.
Construction May Be Required for Numerous Reasons
You may have experienced an issue due to a storm, or even an earthquake or a landslide. If the home or building is older, a hidden or continued construction defect may have caused a leak from the roof, windows, or plumbing system (even putting you in danger from toxic mold growth). There may be electrical issues which could have even caused a fire. Structural issues may have caused a mess, or even a partial collapse in one or more areas. This is usually one of those times when you are glad not to be a homeowner; however, trying to deal with such a mess while it is being repaired (assuming you have a landlord or property management company who is on their game) can be difficult. And having to move out can be even worse.
You May Have to Move Temporarily or Even Permanently
Although you may have to worry about re-locating temporarily with children, pets, and a full workload to handle too, the first concern is probably going to be expense. Even staying in a motel for a week (or longer) can be pricey. So, assuming the damages occurred through no fault of your own, who pays for the new digs? There may not be a specific clause in your lease regarding such a scenario, but in such a special case, you may be able to break your lease and move permanently, or temporarily—and at the expense of your landlord.
The Landlord May Be Required to Pay for a Move or Temporary Relocation
If construction is about to commence, or already has, this is a time for good communication with your landlord—and there may be plenty of it for the duration of the repairs. If you are being terribly inconvenienced and made uncomfortable, and must move altogether, the landlord may be responsible for covering your move. If you plan to continue the lease but it is agreed by both you and the landlord that you will move to a temporary location, obviously paying for your accommodations is the right thing to do.
In California, your landlord is required to pro-rate your rent, taking into consideration the amount of time you were not able to live in the home or apartment. This may amount to very little. Your renter’s insurance may cover some of the cost, but there is usually a deductible to consider first—along with keeping in mind that the landlord is not responsible for any of the contents in the home as they should have been covered in a separate policy.
Any expenses for you as the renter having to move out temporarily may also be covered by the homeowner’s insurance. If you are in the process of being evicted or have been late on the rent, however, there could be complications in this situation. While it is hoped that your landlord would do everything possible to make you comfortable, sometimes that is not the case.
Contact us for Help
If you find yourself having major problems due to construction in your rental, and little compensation or help in dealing with the issues at hand, contact Shane Coons now at 949-333-0900 or email us at Shane.Coons@seclawoffices.com. We can review your case, answer your questions, and help you decide how to move forward. We are here to help!