If I have been evacuated from my apartment due to a fire caused by a burst boiler, should I get reimbursed by my landlord since I had to stay at a hotel?

As of now, the apartment building has no water, electricity or heat. do not have renter’s insurance.

Asked on May 29, 2012 under Real Estate Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

In such a case as this, yes your landlord must pay or reimburse you for your "actual" motel expenses and related costs, at least to the extent that they are reasonable (i.e. no staying in a 4-star hotel and ordering expensive room service, etc).

Note: If you did not pay to stay elsewhere, you would be able to recover rent for the time that you were vacted for your rental unit.

Aditionally, if the landlord was negligent in the maintenance of the boiler, they will responsible for any damages that you suffered as a result of its bursting. Just be aware that, if the apartment building has been damaged beyond repair or will need extensive repair, your lease will terminate. Your landlord is not reponsible for paying for your housing indefinitely.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.