turn off the circuit breaker that controls that circuit. I'll be back when the rain stops and things dry out (end of May).

You do this now and when 10 light fixtures are leaking what you gonna do then?

In most states, landlord is required to provide habitable premises which includes effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors. Generally, tenants are not required to remain in uninhabitable premises for any length of time whatsoever.

In most states, the law declare dwelling as uninhabitable if any item on a specified list is present.

When my tenant texted to let me know water was coming in from her bedroom light, I got over there immediately with my ladder and an extra concrete mixing tub. Crawled up into the attic, found the leak, put the tub under neath. Rain dripped nicely into the tub, and it was big enough to hold quite a bit of water. When things dried up, nail pops on roof were tarred. Next year, a new leak developed over the kitchen-that one got a child’s plastic sled to catch drips.

A year after that, roof was replaced. I checked on those containers once or twice before the roof was replaced, the water had evaporated. Not that a plastic tub is a great solution, but it just bought me some time to continue getting finances built up for new roof.

Moshe once again advising tenants.

disagree w/Moshe. A landlord is also entitled to remedy the situation. A phone call for dripping water doesn't mean a trip to the Hilton within five minutes.

I would not pay for a hotel in this instance.

I know we don’t know all the details, but Moshe, do you believe that this scenario justifies the landlord paying for a hotel?

If so, for how long? Until the rain stops, until the leak is repaired? Until a licensed electrician inspects the light and declares it safe?

Do you think the landlord owes the tenant money for restaurant meals? Or for pain and suffering at the anguish they suffered from this ordeal?

Laura, I don't know anything about your state, but in general, a party cannot extinguish a contract just by declaring it unilaterally. Legal procedures include provision for mutual termination of a contract, and declaration of default in case of failure of one party to fulfill obligation. On the other hand, many states have statute that a tenant may void a lease immediately and without further notice in case that dwelling is uninhabitable. but that is an enhancement of party being able to declare default of landlord failure to fulfill responsibility of habitability, merely eliminating delay for warnings and declaration of default because no tenant has to live in uninhabitable surroundings. It is a standard of contract law that in case of default, the other party is entitled to damages including any amount necessary to compensate non-defaulting party for all the detriment proximally caused by the defaulting party's failure to perform his obligations under the lease. That would include relocation expenses.

1. Flip the circuit breaker to the light fixture. With a breaker in off position the premises are not uninhabitable. If there is a drip, place a 5 gallon bucket under it to catch the water.

I went to a new Walmart one time in a rain storm, and there were 30 buckets around the store collecting drips.

2. Go up there to determine the source of the leak, if it's outside, fix it ASAP when weather permits.

Her shoes got wet?

Let the shoes dry then.

I can tell you are responsible, when you said your husband has already inspected the apt and made arrangements to repair the leak.

As others have said turn off the breaker asap - schedule the repairs in a reasonable time.

Don't you just love it when a PITA renter ask such a request Hotel accommodations for a leak. Unbelievable.

So my past self can thank my future self. my lease says

Landlord shall not be liable for any loss of tenants property by fir, theft, breakage, burglary or otherwise nor for any accidental damage to persons or property in or about the leased premises resulting from electrical, failure, water, rain, wind storm etc which may cause issue or flow into or from any part of said premises or improvements including pipes gas lines sprinklers or electrical connections weather caused by the negligence of landlord, landlords employees, contractors, agents or by any other cause whatsoever tenant hereby agrees to make no claim for any such damages or loss against landlord tenant shall purchase renter's insurance

Sharon your clause is OK except that if you N yours are negligent you are on the hook. In NY a ll can't write a valid lease clause that way.

Negligent would be where you are told there is a problem and you ignore it and the premises deteriorate.

I had one go to a hotel for a water heater outage .... returned when the hot water worked. Held back the rent related to hotel stay.

I threatened eviction, he moved. I had a vacancy which far exceeded the cost of the hotel.

Tryan MA, you can't compare hot water to a drip.

No hot water is a deficiency that makes a rental uninhabitable, but a drip is not.

I’m with Tryan on this. IF the concern would not have been able to be remedied successfully, I would have gotten tenant out of there till resolved. Cuz electricity...

And, in normal times, when something came up, I have asked tenants if they could stay with a friend or relative till resolved ( I allow the occasional couch-surfers so long as tenant is in charge. And by in charge I mean, tenant can and does enforce my rules. I don’t have a lot of rules, but the ones I have are important.) This, of course, is NOT normal times.

UPDATE

Tell you tenant to sleep on Moshe couch.

Repairs happen! You are permitted a reasonable amount of time to repair your unit. Water is a costly repair so NOW is the time to get over there and find that leak while the rain is heavy.

I can't believe all you greedy slumlords. Why I wouldda got her the Presidential suite at the Waldorf. I mean that's the least you could do for such a minor inconvenience. Did I mention I have joined the peoples party, down with the bourgeoisie! Power to the tenant! ;D

Ok, back to reality. In AZ the landlord is only responsible for the pro rated rent for such time as the unit is uninhabitable, not for providing a hotel room free of charge. The tenant is welcome to stay in a hotel but they are responsible for the cost and only get reimbursed for rent. So a $600 unit they get $20 a day.

If the power is turned off to an outside bulb, you can always add in a solar powered light on temp basis. But do fix it soon.

In that situation, I don't believe anybody would consider that to be an uninhabitable situation. Not a judge, not Moshe, nobody.

Dino, the standard for uninhabitability (untenantability) is listed in California Civil Code. It is a condition and not a situation, and it is not subject to anyone's "consideration". A judge may decide not to award hotel fee, but he cannot declare that this is not an "uninhabitable situation".

Yes, Moshe, A judge absolutely can declare it is not an uninhabitable condition because it is not. The condition or situation, whatever word you choose is not listed in the civil code as uninhabitable.

A wired outside bulb is not required to make the premises habitable.

A dwelling is deemed untenantable if it lacks any of the affirmative standard characteristics including effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and door, and electrical lighting, with wiring and electrical equipment that conformed with applicable law at the time of installation, maintained in good working order.

Moshe

I have checked the definition of foyer and see that it is quite possibly inside rather than outside which I incorrectly assumed.

Yes, cannot have leak inside and be habitable. I thought you were claiming that eliminating one outside light would prevent the premises from being habitable.

For that matter then, a resident could come down with C-19 and also claim that the dwelling isn't habitable because it has an infestation.

The best way of dealing with it IMO is to just go over and fix the issue. A house is made out of tens of thousands of pieces and things are going to break routinely. If they didn't, then repairmen would not exist. Water is one item that a little bit can cause a whole lot of damage.

Update

Update

In most states, a resident coming down with COVID-19 or other disease is not a condition of uninhabitability. Most states have a specific list of conditions which dwellings must be in compliance with, and a diseased occupant is not on it.

Is it in PA?

If you have critters living in the house anyone could argue that they could endanger the resident health

The court case in Pa is Pugh vs Holmes back in 78 that outlines our implied warranty of habitability. Unlike out in California where a houses are routinely torn down after 60 -80 years of use, we have less than 20% of our counties housing inventory is listed is built in the past 30 years. There are dozens of homes for sale around here that were built before the 1860s. 60's as in civil war 60's.

Yes occasionally you will have a leak in a roof. We are located in the snow belt locally and we have had five feet of snow on a roof before. Snow rakes are sold here. So reflecting back about my undergrad internship at the San Diego County Apartment Association in California where it is sunny 300 days a year - a leaky roof might be an indication of a much larger issue. Around here, you go up and you fix it and repair the damage that the drip caused on the inside.

Glad to here Sharon, you are all over the repair. How old is the roof. If the roof is older what side was the leak facing? If it was to the South, you might want to get an estimate for a replacement soon

Uninhabitability is usually not just any condition that could endanger a tenant's condition. Most states set out a specific list of minimum requirements for a dwelling like watertight roof, gas and electric systems all in good working condition, also hot & cold running water and sewer connections (all in good working condition), heat, free of rodent harborage, etc.

CA law does not use the phrase "uninhabitable" because of the general confusion with "unsafe", "unhealthy", "unlivable" in the eye of the beholder. It instead uses the specific phrase "untenantable" and specifies under what specific conditions a dwelling is deemed untenantable, and the consequences to be applied in that case..

Check your own state law.

Sharon,

What does your lease say? This is a common issue (the hotel...and well, the leak) and should be addressed in a proper lease.

My lease is clear: "Res shall allow 30 days for non-emergency repairs. Just as any homeowner, it takes time for service persons to schedule a repair and gather parts.

Alternate housing, hotel rooms, etc will not be provided by Management. In extreme cases we suggest vacating the room in question, or visit family or friends while the repairs are being made."