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  • #9947

    Hello

    I am a landlord and my unit flooded due to the unit above having their vanity hose break (the owner above is an owner occupant).

    My tenants moved out of the apartment for 4 days and stayed in a hotel, the unit was deemed livable all throughout the flooding but the carpet cleaners recommended to the tenants they stay somewhere else whilst the drying fans were running. Typically, does the landlord pay for the tenants hotel fees, breakfast aswell as not charge rent for those days? Does a negotiation typically occur (ie, I’lll not charge rent but I wont pay for hotel fees)?

    Anyone been through flooding as a tenant or landlord? What have you as a landlord or tenant done in the past? I’m aware that under the rules as a landlord theres an obligation here to compensate (or am I wrong about this?). But what I am asking is what typically happens in these scenario’s? Does the landlord usually just not charge rent for the tenants and the tenants stay at a friends instead of a hotel?

    In my case, the tenants decided to go book the king suite at the hotel and buy snacks and etc. so whilst I want to compensate them, I dont want them taking the mickey aswell.

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  • #23260
    Jimmy-T
    Keymaster

      Why should you or your tenants be out of pocket? 

      Your issue is with your upstairs neighbour, not your tenants or even your owners corp.

      Your upstairs neighbour should have home and contents insurance covering this incident.  If not, they still have to pay (through a small claims court, if need be).

      On the other hand, you should have landlord insurance (which is different from home and contents).

      But, in short, your tenants should not have to pay any more or less than they would normally.  But whoever caused the problem has to pay reasonable costs. Give your upstairs neignbour the hotel bill and suggest they contact their insurer.

      The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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