Are there guidelines to determine compensation for loss of use of property?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Are there guidelines to determine compensation for loss of use of property?

Due to a water leak on city property our home was damaged and we have been without the use of our basement for about four months. The back and forth leading up to repairs starting took almost 2 years. We are now at the point of ending this all up and I was wondering if compensation for loss of use and all the frustration of dealing with this for so long was appropriate and, if so, how to determine a fair amount?

Asked on May 2, 2018 under Real Estate Law, Wyoming


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

There is no compensation for frustration or your own time and effort, unfortunately: those are not things for which the law provides frustration.
You may be able to receive compensation for loss of use of the space. There are no hard-and-fast rules for this--it depends on what you can show that value to be. First, you'd have to show you used the basement--i.e. if it was basically just empty space you never did anything with, you suffered no loss and are entitled to no compensation. Then if you used it, *how* did you use it? Just storage? In that case you might be able to sue for the cost of the offsite or self-storage facility you had to rent to keep your belongings in. Fully furnished and your family room or den, which your family used all the time? Then you might be able to get the equivalent of the per square foot rental, for the number of square feet in issue, for residential space like that in your area, for the period of time use was impaired. It really is very fact- and situation-dependent.

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 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption