Submitted by smaltais on Tue, 04/13/2010 - 11:40
I was recently forced out of my apartment due to water damage caused by a broken pipe in the utility room next to my apartment. For a total of 26 days I stayed at a family members house and a hotel while the carpets were removed twice and the walls were broken through to remove mold. The apartment complex is only deducting 5 days off of my rent for the days I stayed at a family members house, not for the 21 days I stayed at a hotel. Is this lawful? I don't believe I should pay rent for any of the days that apartment was inhospitable and I also don't think I should pay for the hotel room.
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Editor's Response
If, by agreement, the landlord paid for the hotel, then the landlord's approach to figuring the rent deduction is accurate. However, if you paid for the hotel because you were not able, through no fault of your own, to return to your unit, then, no. You should not have to pay for any rent for the time period when the unit was uninhabitable. For more information, visit our Massachusetts Tenant Law Discussion Forum.