After years of ignored complaints, deferred maintenance, and several emergency events, you’ve had enough of your landlord’s failure to repair your dilapidated rental home. You’ve made more complaints – oral and written – than you can count, and nothing worked until you reported your landlord to the government, such as your local code enforcement agency, and obtained a notice of violation. That notice of violation not only made the matter part of the official record, but also gave your landlord a deadline to complete repair work and make your home habitable. Now, a new problem arises. You know you won’t be able to reside in your home while the repair work is ongoing. You’re going to have to move into a hotel or some other sort of temporary accommodation during repairs. You will incur moving expenses both to and from your permeant home. This presents another question; Who pays for hotel, moving expenses, or temporary housing during repairs?
Generally, where the tenant is not the cause of the defect or issue necessitating temporary relocation, the landlord must pay for hotel, moving expenses, or temporary housing during repairs. At common law, this is based on their duty to comply with all applicable state and local laws governing their tenant’s rights. Glenn R. Sewell Sheet Metal, Inc. v. Loverde, (1969) 70 Cal. 2d 666, 678 (“Since the property owner is initially under the duty to comply with all laws and orders, he, as lessor, remains subject to that duty unless it is assumed by the lessee.”). These include the duty to provide a habitable unit and adequately complete repairs. California Civil Code §§ 1941, 1941.1; California Health & Safety Code § 17920.3; Green v. Superior Court, (1974) 10 Cal. 3d 616, 631. Where the landlord fails to provide a habitable unit, the tenant has not received the benefit of their bargain. Hjelm v. Prometheus Real Estate Group, Inc., (2016) 3 Cal. App. 5th 1155, 1174 (There is a common law implied warranty of habitabitly in California residential leases.). They have a right to recover damages for the landlord’s breach of contract. These damages include all consequential damages, such as temporary accommodation costs and moving expenses. Diamond Heights Homeowners Assn. v. National American Ins. Co., (1991) 227 Cal. App. 3d 563, 573. Accordingly, when your landlord’s breach of the duty to provide habitable housing makes temporary relocation necessary, you may seek reimbursement for the reasonable accommodation and moving expenses you incur as a result.
Where a property has been red tagged by a government agency, the receiver, appointed by a court to act in place of the landlord, “shall provide relocation benefits…”. California Health & Safety Code § 17980.7. Under this law, the court will find that the building, “endangers the health and safety of the residents…”. California Health & Safety Code § 17980.7(d). And, the court will also order that if repairs make put the property into a condition, “so that the tenant cannot safely reside in the premises, then the owner shall provide or pay relocation benefits to each lawful tenant.” California Health & Safety Code § 17980.7(d)(3)(A). Here, the benefits consist of, “actual reasonable moving and storage costs and relocation compensation.” Id. The statute further defines, “actual moving and storage costs,” to include:
- Transporting the tenant’s personal property to and from a new location, “in close proximity to the substandard premises, [except when found by a court to be justified further];”
- Packing, crating, unpacking, and uncrating the tenant’s personal property;
- Insurance of the tenant’s property while in transit;
- Reasonable replacement value of the property lost, stolen, or damaged in the process of moving, when insurance is not available;
- The cost of disconnecting, dismantling, removing, reassembling, reconnecting, and reinstalling machinery, equipment, or other personal property of the tenant, including connection charges imposed by utility companies for starting utility service. California Health & Safety Code § 17980.7(d)(3)(A).
Under this statute, the relocation compensation, “shall be an amount equal to the differential between the contract rent and the fair market rental value determined by the federal Department of Housing and Urban Development for a unit of comparable size within the area for the period that the unit is being repaired, not to exceed 120 days.” California Health & Safety Code § 17980.7(d)(3)(A).
Several local jurisdictions have similar laws providing relocation assistance where tenants are displaced from homes that have been cited and/or red-tagged by the government, including, inter alia:
- San Francisco;
- Oakland;
- Los Angeles;
- Alameda;
- County of San Mateo;
- San Mateo;
- South San Francisco;
- San Pablo;
- Emeryville;
- Glendale; and,
- Stockton.
You should not have to choose between remaining in an unsafe home and bearing the financial burden of relocating while necessary repairs are completed. When your landlord’s failure to maintain habitable housing forces you to move temporarily, you may be entitled to recover reasonable relocation expenses, with additional assistance available under applicable state or local law. Document the conditions requiring your move, preserve notices of violation and receipts, and request relocation assistance from your landlord in writing. Understanding which protections apply to your circumstances can help you secure safe temporary housing while protecting your right to recover the costs of displacement.