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Who is responsible for my hotel bill when I'm forced to move out of rental unit during damage repairs?

Malvern, PA |

I rent a condo from a couple who own it. Later this month I have to move out for a few days while the condo complex makes extensive repairs upstairs in both bedrooms due to water damage originating from the roof and attic, which are both common areas. Consequently, the condo is responsible to do the repairs, not my landlords. I will have to move into a hotel while this is being done, and my renter's insurance won't cover the hotel. The landlords haven't yet responded to my email request for help paying for the hotel, and the condo maintenance guy just laughed when I asked if they could put me up somewhere. Who should pay for my hotel? Surely not me, as I'm only the tenant and this isn't my fault. I pay rent and am entitled to a place to live all month. Thank you.

Please note that there is no written lease available. I've been living here a long time and my landlords misplaced the original lease a long time ago before giving me a copy, so there is nothing to read for help in figuring this out.

Attorney Answers 2


It does not matter if the lease is written or oral. Your LL has the duty to provide you housing. That does not mean you can go into Philly and stay at the Four Seasons. You and the LL should try to agree on where and for how long you will stay. Try one of the less expensive hotels in the area or use Priceline. If your LL does not pay, your only remedy will be District Court. In Chester County you do not have the right to deduct from rent (Phila has an ordinance permitting this, but not CC)

DISCLAIMER The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the Commonwealth of Pennsylvania. Responses are based solely on Pennsylvania law unless stated otherwise. When answering questions on AVVO, attorneys are prohibited from directly soliciting business. Don't take this as an indication of lack of interest. Follow my answers to other questions on Twitter @LandLawyer James S. Tupitza 212 West Gay Street West Chester, PA 19380 610-696-2600

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You might try making a claim on the landlord's or the HOA's general liability policy.

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