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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37855
Experience:  16 years real estate, Realtor. Landlord 26 years
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CA Landlord/Tenant Question: A water leak in my rental

Customer Question

CA Landlord/Tenant Question:
A water leak in my rental condominium (blocked washing machine drain) has caused water damage which required the unit to be vacated during repairs....during demolition a different leak/mold from a common area pipe was found between the adjacent unit and mine.
My rental property policy is covering my drain leak and HOA is covering common area leak, but the compounded repairs will require the unit to be vacated for 2-3 weeks....what is my responsibility to my tenants during the time the property is uninhabitable?
And the kicker...our tenants failed to maintain renters insurance.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Barrister replied 2 years 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 unit will be uninhabitable during the time that repairs are being made, then that would violate the implied warranty of habitability inherent in any lease. With that said, you as the landlord would be obligated to either waive any rent during that period or put them up in a hotel until the repairs are made. This is the tenant's choice as to whether to accept the rent refund/abatement or stay in a comparable hotel/motel.

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But if you talk to your insurance agent, this might be something that is covered under your policy.

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thanks

Barrister