Tenant's incapacitation due to water damage leaves dwelling uninhabitable - relocation problem arises.
Title: Water Leak Woes: Who's Responsible for Relocation Costs in a Rental Property?
By Christine Lejoux & Nicolas Sandanassamy, Published on
(our website/Freepik)
Odette, a landlord in Villeurbanne, a suburb of Lyon, faces a tricky situation. Her tenant complains about water dripping from their bathroom ceiling, caused by a leak in the upstairs neighbor's shower. This damage forces the tenant to avoid using the bathroom during repairs. The tenant contacted their insurance, but it doesn't cover temporary accommodation since they're not at fault. The insurance suggests the tenant seeks compensation from the landlord, sparking Odette's concern: "Do I have to pay for my tenant's temporary accommodation?"
Arnaud Laudy, founder and CEO of MeCaza, a real estate hunting company, calms the situation on the show "Le Grand rendez-vous de l'immobilier" (our website/Radio Immo). Since Odette's apartment isn't the source of the water leak, Odette "is not obligated to relocate her tenant," according to Laudy. But, she must ensure her tenant resides in a decently habitable space. If the water damage and repairs make the property inhospitable, Odette must offer her tenant a rent-free period during repairs.
In some cases, local laws and lease terms may require landlords to cover relocation costs if the property becomes uninhabitable due to water leaks or other issues. It's essential to consult legal and local tenant rights organizations to determine jurisdiction-specific obligations. Good luck, Odette!
Case in Point: That Landlord Owes His Tenants Over 6,000 Euros, Yet Refuses to Return Their Security Deposits
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Fun Facts Around this Article
- Rental real estate
- Renting
- Rental investment
- Le Grand rendez-vous de l'immobilier
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[1] Implied Warranty of Habitability: https://www.hud.gov/offices/hsg/sfh/hcc/hcc_hswa.cfm[2] Water damage and health issues: https://www.epa.gov/mold/moisture-control-mold-problems[3] Landlord and tenant laws vary by jurisdiction: https://www.nolo.com/legal-encyclopedia/tenant-rights-law.html[4] Housing code requirements: https://www.nyc.gov/site/doh/services/code-enforcement/housing-maintenance-code.page[5] Steps for tenants experiencing water leaks: https://www.nolo.com/legal-encyclopedia/water-leak-responsibilities-landlord-tenant.html
- In the real estate world, landlords like Odette should be aware that some jurisdictions may require them to cover relocation costs for tenants if the property becomes uninhabitable due to issues like water leaks.
- Odette, an investor in rental properties, should seek advice from local legal and tenant rights organizations to understand her obligations when it comes to temporary accommodation costs for tenants affected by water leaks.
- Arnaud Laudy, a finance expert in the real estate industry, advises landlords to ensure their properties remain habitable for tenants, even during repairs related to water leaks or other issues that may arise.
- As part of their responsibilities, landlords should keep informed about the implied warranty of habitability and local housing codes to maintain compliance and avoid disputes with tenants, such as Odette's situation involving a water leak from an upstairs neighbor's shower.
