If I can’t live in apartment while it is being repaired, is my landlord required to prorate/provide a hotel?

My landlord decided to replace the water heater and told us we wouldn’t be able to live in the apartment for 2 days. We did not request these repairs. We are allowed access to the apartment. Do they have to prorate us the rent for the duration of repairs, or provide a hotel? They will provide a hotel(but are saying it is not required solely on goodwill) but won’t let out cats stay in the hotel with us unless we sign a damage waiver. Since our cats pay $80 in rent a month are we within our rights that they provide either a way for them to stay in the hotel with us?

Asked on October 31, 2011 under Real Estate Law, Colorado


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The best way to answer your question is to carefully read your written lease agreement in that its terms and conditions control the obligations owed you by the landlord and vice versa in the absence of conflicting state law. I suggest that you carefully read the agreement for repairs and offsite housing during the repair period. If such is mentioned, then those provisions should control your situation.

If not, then the landlord's offer to you stands and the hotel's waiver requirement for damages applies to you since it is not your landlord under the current lease. Good luck.

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