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Cost of temporary housing due to fire or flood evacuation.

On Sunday, over 50 people were evacuated from apartment buildings on Linden St in Waltham. It was a mandatory evacuation decided by Waltham fire department and agreed upon by the apartment mangers. They intended to turn off the power and heat to the buildings in order to prevent damage and injuries, hence the need to evacuate. We were part of the group evacuated. On the news and everything. The city worked with Salvation Army and Red Cross, provided us some food, and supposedly Red Cross was bringing some cots in to the local High School in order to provide temporary shelter. However, we decided to find a hotel for the night. Most likely, we'll be stuck here for a while as the rain is expected to continue till Tuesday night. It might be days till the waters down and then they'll need to clean up and sanitize the area, specially since there's numerous auto shops within the immediate area which were flooded as well. Is there any responsibility by the landlord in order to assist paying for temporary lodging? Will we be required to pay full rent this month, despite not being able to live there? We were told the landlords would likely refuse to reimburse anyone if they went to a hotel, due to past incidents and the general attitude they have. We also have renters insurance through Progressive. There is a part about loss of use, granting money in the case where the premises were inhabitable. However, there is apparently a clause for flood damage. Would it be worth pressing the issue?

Editor's Response

Here is my (by no means authoritative) view based on what I know about MA tenant law.  In the case of a flood or fire, the landlord has an obligation to repair damage as quickly as possible.  The landlord is probably not responsible for any damage to your belongings unless he was somehow negligent in causing or allowing the flood, fire or damage.  That is why tenants should always purchase renter's insurance policies (and to make sure the policy covers flood damage if you are in a flood zone). 

 

You may be entitled to an abatement in your rent.  In other words, the landlord cannot charge you rent for a period when your unit is uninhabitable.  However, the landlord is probably not responsible for the cost of your temporary housing (unless, again, he was somehow negligent).  In the case of a fire, landlords are required by law to have a provision in their fire insurance policies that provide up to $750 to help cover the cost of relocation if the tenant is displaced.

Thank you for your answer and

Thank you for your answer and help. Due to the governor calling a state of emergency, we'll like be reimbursed for the cost of the hotel regardless.

As for the abatement, we are considering it, however, as the time frame ended up being a lot shorter then expected, we'll most likely not press the issue.

There is one other question I thought of and I was hoping to find an answer to. Is it required to inform a tenant or prospective tenant of the property being in a flood zone upon lease or anytime during the process?

Thanks again,
Nemz.

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