During the time of mold remediation, my renter's insurance pays for relocation, however, do I have to pay rent during this time?

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A pipe burst in my home, which has since been fixed. A mold remediation company has been contacted and will be doing the repairs. My renter's insurance covers for us to stay in a hotel during this time, however, do I still have to pay rent on the unoccupied property? They mold company is saying we will need to be out for 2-3 weeks, which would obviously be about half the rent. What are my legal rights?

Attorney Answer

1
James Haigh ·
I assume you have a written lease with your landlord? Does your lease include a provision for who is responsible for maintaining your home? I suspect landlord is responsible for items such as burst pipes (I am assuming they burst through no fault of yours). You were wise to purchase renters insurance which will cover your damages to the home. Your inquiry suggests that your home is uninhabitable during the mold remediation period. While you are being reimbursed by your own insurance company for the expense of living in a hotel during remediation, you are asking whether you can stop paying your rent as well. You might want to contact your landlord to advise that due to the mold you will be unable to live in the unit for a brief period of time. Civil Code 1941.1 et seq discusses when a rental premises is uninhabitable and it may be that your premises qualifies. You should start a discussion with your landlord to see if he is willing to reduce your rent for the time you are out. Your landlord may have his own property insurance coverage which may reimburse him for loss of rents due to a covered occurrence, in which case he may be willing to reduce your rent. If he refuses, you may have to file a claim against him and sine it is only for a few weeks, it may not be financially worthwhile to pursue (particularly since you have not really been damaged if your insurer has paid for your hotel). Check with your local landlord-tenant attorney to see whether San Diego has any local ordinances which may apply to this situation, and best of luck to you.
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