Q: Do I have to pay rent while my apartment is being repaired from flood damage due to upstairs neighbor’s neglect?
have a friend that rents an apartment in a multiple unit building. At 10:30pm on 9-4-18 she had her kitchen ceiling cave in and then water began pouring out throughout kitchen and hallway including through light fixtures. The tenant living above her had a massive flood from their washer. The landlord and maintenance manager told her that neither would be in until the following day. They just advised her to make sure the lights stayed off. She is a single mom with 4 children, one only a couple weeks old. The kitchen is no longer usable and the carpet is soaked. She has no renter’s insurance. Is her landlord responsible to find her temporary housing while damage is repaired? Does she have to pay rent for the time she is not able to fully use her apartment? Should her neighbor have to pay for her property damage?
A:
If the kitchen is unusable, the electricity is unusable and by no fault of the tenant then the landlord needs to do either one of two things:
1. The landlord should either put the tenant up in temporary living situation (ideally another unit in the building)
or
2. The landlord should leave the accommodations to the tenant and prorate the tenant while she is unable to occupy the apartment.
If there is property damage then your friend may be able to bring a claim against the upstairs neighbor for causing the flooding that damaged her property.
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