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Landlords, a question.

redneckandy
In December one of my customers duplex she was renting caught fire and she lost a considerable amount. Not a total loss but not livable until repairs are made. The fire was not considered her fault.

Now the repairs are being made but here is the issue, her landlord want her to continue paying rent even though she can not live there. They won't let her break the lease without a stiff penalty either.

I feel the rent for the time she can not live there should be waived or she be allowed out of the lease without penalty.

I told her to contact a lawyer, but wouldn't the landlord be breaching the contract(through no fault of their own) by forcing her to pay rent on a property she can't use?

Any thoughts?
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Comments

18 comments

Date Votes
  • savage170
    Did she have renters insurance if so she needs to contact them depending on policy legal help my be included
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  • remingtonoaks
    The only obligation that the landlord has in a case like this is to find and pay for alternate living arrangements while the apartment is being repaired. This usually entails a motel... Of course Laws vary by state

    If he does not do that, then I would get a lawyer
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  • redneckandy
    I believe she does Savage, I just don't know the coverage.

    That would make sense Remington, she did mention staying in a hotel for part of the time up to today.


    Next time she is in I will ask a few more questions.
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  • babun
    In most states, a lease is broken if the apt/home is NOT livable.
    Has to do with implied contract terms. In short, you have to pay to live
    there, if you can not thru some fault not caused by the renter, you don't pay.

    In the big inner cities, leases are broken by the courts even for reasons like bug infestions.
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  • 11b6r
    A lease is a contract- I give you money. You give me a place to live that has heat, working plumbing, and meets standards of safety and sanitation.

    If you are not providing me a place to live, I'm under no obligation to pay.
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  • slumlord44
    I would think the law would vary from state to state. I had a fire in one a few years back that prety much totale the place. I quit charging rent the day of the fire and returned the depeosit. Ended up re building the place myself and spending a quite a bit more than what I had for insurance. Sad part was when the dust settled I am prety sure that the tennant may have set the fire. No way to prove it though.
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  • shootuadeal
    I have 5 rentals and never would I consider charging someone rent for an unlivable space.
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  • kidthatsirish
    The only way the owner can keep charging rent is if they are still providing reasonable lodging i.e. they are lying for a suitable hotel room(s).

    Goes back to the old saying your supposed to get what you pay for. If I'm not getting a safe reasonable place to live I'm not paying for it.
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  • wpage
    Her landlord is unfair. She should refuse to pay unless there is some crazy clause in her lease.
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  • Smitty500mag
    The landlord needs his ass kicked!
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  • RobOz
    quote:Originally posted by Smitty500mag
    The landlord needs his ass kicked!





    Yep
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  • scooterdriver
    Assuming the repairs are a quick fix and the alternate living arrangements will be short-term (no more than a couple weeks), the landlord continues to provide a suitable living place (e.g., hotel room), the renter continues to pay the rent, and the contract remains in effect. Meanwhile, her renter's insurance compensates her for her lost belongings.


    She likely had standing to break the lease and find somewhere else to live - and most landlords would have agreed to this if pressed - but that time may have passed given that the repairs are (probably) nearly complete.
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  • mrmike08075
    Certificate of occupancy must be in place and valid for lease to be enforced...

    Must be livable and possessed of a valid certificate of inspection from the municipality for terms of lease to be enforceable...

    Mike
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  • dcon12
    quote:Originally posted by us55840

    In what state is such provided?

    [?]


    Paper. Don
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  • asop
    All depends on the wording in the lease. Also lease "should have" required the tenant to have insurance. If so, the coverage in the tenants insurance enters the scenario.
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  • allen griggs
    You do not have to pay rent for a place that is inhabitable. She needs to get a lawyer and straighten this jerk out. He will lose in court. Might could take it to small claims court and the judge will give this jerk an ass whipping.
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  • spasmcreek
    trying to bully a tenant ...see a GOOD lawyer...
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  • mogley98
    "Constructive Eviction" If the apartment is damaged by the fire to teh point that it's uninhabitable a tenant can use "constructive eviction" as a defense in court if the landlord tries to hold them responsible under the lease for the damaged apartment.
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