we have moldin our rental. We moved while the work is being completed. The landord wants us to pay for our temporairy housing then they will reinburse us out of May rent. The housing cost will be greater than our monthly rent.

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we have moldin our rental. We moved while the work is being completed. The landord wants us to pay for our temporairy housing then they will reinburse us out of May rent. The housing cost will be greater than our monthly rent.

Question should the landlord pay for our temp. housing in full and waive the May rent payment.Should they also pay for the additional cost for food , gas, and my husband works from home ?

Thanks,
Vanessa

Asked on May 22, 2018 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

They do not have to pay for your housing cost while also waiving the rent, since you are then being enriched: not only are you living rent free, but you are actually being paid to live someplace else. The landlord has to put you up someplace comparable, but can collect the rent from you in the meantime (that effectively means that the landlord will absorb the difference in cost). If you voluntarily choose to live someplace nicer or larger or with more amenities, etc. than your rental, the landlord does NOT need to pay the difference (would only have to pay an amount equivalent to your  rent)--you can't use this as an opportunity to upgrade your lifestyle, even temporarily.
The landlord does not need to pay your food if he puts you up in a place with a kitchen o kitchenette, since you can cook there, same as you did in your rental. If he puts you into a hotel room without cooking facilities, he would pay the *difference* in cost: e.g. if you could cook for, say, $15/day for your family, but now spend $30/day on pizza and take out, he'd owe you $15/day. You have to be reasonable in what you order.
If the location he puts you in is further from where you work, he'd have to pay the difference in gas (or other transportation cost): e.g. if you usually drive 10 miles to work, but now are driving 12 each way, he'd owe you for the cost of 4 miles extra driving per say.
So, the landlord is still entitled to rent. He has to pay for comparable living arrangement for you, and pay increases in food or gas directly and provably traceable to the change in living arrangements.


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