Does a landlord have to pay for a hotel, cost of food, mileage, or any other financial loss due to faulty plumbing?

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Does a landlord have to pay for a hotel, cost of food, mileage, or any other financial loss due to faulty plumbing?

Our basement has flooded 5x’s since we moved into this rental on June 9th of this year. The first time was our first full night here. We are exposed to raw sewage, the wall has been opened up and now we are also exposed to mold. Our youngest is severely asthmatic and tbe home reaks of sewage. We have headaches, and stomach issues. We can’t keep doing this. Do they at least need to reimburse us if we get a room? Plus, we have continued to pay rent, now we can’t shower, wash dishes, use the restroom, brush or teeth and so on. We are driving back and forth 1-2x’s a day over 30 miles away to shower and stay.

Asked on August 1, 2019 under Real Estate Law, Idaho

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The landlord cannot have it both ways: they can continue to collect rent while the home is inhabitable, but then they have to pay to put you up elsewhere; or if the home is uninhabitable and cannot be restored within a reasonable time, they can terminate the lease--you'll have to find and pay for you own place to live, but you won't pay rent here. They cannot collect rent while failing to provide you a place to live.
You should consult with a landlord tenant attorney about your options--there are several ways to potentially deal with this situation, and you'll want to pick the one best for your family. You may be able to terminate the lease and get either some rent back or some hotel, travel, etc. reimbursement. Good luck.


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