Tenant gets relief from rent, not hotel bill

We rent out a condo where the association controls the air conditioning and all utilities. Our tenant reported to us that the apartment was without A/C for two days and it was unbearable, so they stayed in a hotel. With the summer heat, I am sure it was sweltering in the apartment. They want me to reimburse them. I think it is the condo’s problem. What should I do?

Typically, when a rental becomes uninhabitable in the short term, the tenant is entitled to an abatement of the rent for the time the apartment was uninhabitable. This would be a prorated amount of time when no rent is due.

Many tenants think the landlord would have to reimburse them for their hotel stay, but this is not how it works. Instead, they just don’t owe rent for the time they could not use the unit. So if they were out for two days, then they would owe rent for 28 days out of 30, for example. This is another reason that I recommend that all tenants purchase renter’s insurance. It is important to see if your particular lease deals with this issue differently than the general rule.

It is the landlord’s responsibility to deal with the con- do association. While I suggest that the landlord ask the association for reimbursement, I doubt it will work. The association is not legally bound to give him any reimbursement unless the condo’s declaration explicitly states otherwise. How- ever, it is worth a shot, especially since an association that controls the air condi- tioning is relatively rare and there may be a provision regarding this eventuality.