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When fumigation forces a move

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Inman News

Question: Roaches came into my apartment from the unit downstairs, and the manager has been fumigating. Now my apartment and furniture smell of pesticides. My landlady offered me another, bigger apartment, but I would have to pay more plus pay to transfer my phone and electricity bill, move my stuff and have everything cleaned. I’ve asked that she not charge me more for the new unit, and that she help with the expenses. She argues that she can’t give me the apartment at the same rate because of the Fair Housing Act. Is this true?

Answer: Offering you a reduced rent for the only replacement unit available would not violate the Fair Housing Act. In this case, it’s up to the landlord to make the situation right. Typically, landlords pay for temporary housing during fumigation and, if the original unit won’t be livable for some time, can make alternate quarters available. If the only option is a more expensive unit, that’s too bad for the landlord. She can instead put you up at a reasonable motel or hotel, but should not expect you to incur any extra expenses.

-- Janet Portman, Inman News

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E-mail Janet Portman at janet@inman.com.

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