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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 36240
Experience:  16 years real estate, Realtor. Landlord 26 years
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Had a rain / thunder shower. Roof leaked after roofers

Customer Question

Had a rain / thunder shower. Roof leaked after roofers deemed it unsafe to continue. Apartment is inhabitable because of drying equment. Equipment makes apartment 95deg inside. Cannot use, kitchen, main bath or living/dining area because of excesivie heat and not being able to use kitchen, bath and living areas.( bedrooms aer ok, no water leaks) Had to rent a hotel room. Who is responsible for costs encurred.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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If the work that was being done on behalf of the landlord has caused the apartment to become uninhabitable due to the water intrusion and equipment, then it is the landlord's duty to provide alternate comparable accommodations.
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The landlord has a legal duty to provide a habitable dwelling under the lease contract and if your apartment is not habitable due to the water damages, then he has to pay for a hotel/motel for you to stay at until the apartment is habitable again.
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If he refuses to reimburse you for a comparable hotel stay, your recourse is to sue him in small claims court under a breach of contract claim. In addition to your damages, you can also recover your court costs.
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So your first step would be to notify the landlord in writing of your demand for him to reimburse you for the hotel costs and provide copies of any receipts for the stay. Then if he refuses, small claims court is your recourse to obtain payment.
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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...
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thanks
Barrister

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