Last month my upstairs tenants clogged the sink and leaked through the ceiling to the downstairs. I evicted the upstairs tenants because of all the damages. We had a restoration company come to air out the ceiling so it wont cause mold. They had to put fans in the unit. I asked the restoration company and he said that its still fit for them to live in. In the lease it states i will only pay for a hotel if it is a physically unsafe environment. The fans were only supposed to be there for 2 days instead of 5 but someone kept turning them off and the tenants are the only ones who have access to the fans. She called me complaing because of the noise of the fans so i said i would put her up in a hotel for one night. She ended up staying 2 nights without my permission and she expects that i am going to give her a break on rent because she paid for the 2nd night. Now shes threatening to sue us if we dont give her a break in rent. Would she have a case if it would go to court?
You need a local lawyer to advise you. However my feeling is pay her for second night, no break on rent.
I completely agree with the answer provided. Talk to a local attorney if you want to, but if it's going to cost $50-$100 (or more) for a consultation, you could just try and throw the money (or a portion of the money) at the problem directly to see if it goes away.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline