If I’m a renter and am being told my tub/shower needs to be reglazed so I’ll have to leave for a time, don’t they have to comp me and/or provide me with another place to stay?

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If I’m a renter and am being told my tub/shower needs to be reglazed so I’ll have to leave for a time, don’t they have to comp me and/or provide me with another place to stay?

Asked on June 29, 2015 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Assuming that the reglazing is not due to damage (beyond normal wear and tear) caused by you, then yes--the landlord should either pay for you to stay elsewhere, provide another place to stay, or otherwise compensate you. In kicking you out of your apartment for a time, the landlord is breaching the contract (lease) between you: it is not providing you with the residence you are paying for. When one party to a contract breaches it, it is liable for the foreseeable costs resulting from its breach--in this case, your cost to live elsewhere during the reglazing. You could sue your landlord for compensation, if the won't voluntarily provide it to you (though depending on how many days out of your unit you are talking about, it may or may not be economically worthwhile to bring such a suit).


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