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Started By
Message
Attorney Needed: Laura Destruction of Rental Property, can you still collect rent?
Posted on 8/30/20 at 12:02 pm
Posted on 8/30/20 at 12:02 pm
Our place in Lake Charles is currently uninhabitable. There is no electricity and running water. HVAC seems destroyed. Several tenants have been notified that rent is still due on the 1st. There are clauses in the lease that seem to make it the lessors responsibility to maintain habitable living conditions. Insurance would say it’s habitable but uncomfortable. Which I’m guessing they would point to.
Now the issue is I’m not looking for anything for free but we will likely be months without power and water. Is this lease still enforceable?
Rental property I’m guessing will be at a premium so continuing to pay rent and secure the place seems to be the smart play. I don’t want them choosing not to renew the lease when it expires in 5 months.
What exactly are my options in this case? Seems we are stuck between a rock and hard place. I’ve told others I plan to continue paying in good faith. These townhomes are probably among the best in LC and escaped extensive damage.
Now the issue is I’m not looking for anything for free but we will likely be months without power and water. Is this lease still enforceable?
Rental property I’m guessing will be at a premium so continuing to pay rent and secure the place seems to be the smart play. I don’t want them choosing not to renew the lease when it expires in 5 months.
What exactly are my options in this case? Seems we are stuck between a rock and hard place. I’ve told others I plan to continue paying in good faith. These townhomes are probably among the best in LC and escaped extensive damage.
This post was edited on 8/30/20 at 12:04 pm
19
Posted on 8/30/20 at 12:04 pm to DiamondDog
The landlord shouldn’t be an a-hole. He/she will have grants available and so will the renters but only so they can pay for places they can actually live, not the torn apart properties.
This post was edited on 8/30/20 at 12:06 pm
Posted on 8/30/20 at 12:04 pm to DiamondDog
you gonna charge someone to not live there?
Edit: im dumb
Edit: im dumb
This post was edited on 8/30/20 at 12:06 pm
Posted on 8/30/20 at 12:04 pm to ell_13
Sounds like he is the renter
Posted on 8/30/20 at 12:05 pm to Sun God
Yeah. I just reread it again. I’ll edit but my point stands.
Posted on 8/30/20 at 12:06 pm to Sun God
quote:
Sounds like he is the renter
Posted on 8/30/20 at 12:06 pm to ell_13
I’m not but others in the place are asking these questions. I’ve said to continue paying rent no matter what. The risk vs reward isn’t there for me. I rather keep the place and secure housing.
Posted on 8/30/20 at 12:07 pm to DiamondDog
When will it be fixed. I would not pay rent for 6 months to a year and not live there.
Posted on 8/30/20 at 12:07 pm to DiamondDog
Friend,
"In everything, do to others what you would have them do to you, for this sums up the Law and the Prophets." If the renter, I would do everything in my power to contact the owner to work on an agreement.
Yours,
TulaneLSU
"In everything, do to others what you would have them do to you, for this sums up the Law and the Prophets." If the renter, I would do everything in my power to contact the owner to work on an agreement.
Yours,
TulaneLSU
This post was edited on 8/30/20 at 12:09 pm
Posted on 8/30/20 at 12:08 pm to Nado Jenkins83
I have no idea. I’m renting the place. The issue is I expect rental property not to be available in 3 months. I’m hoping to continue paying in good faith that it will be fixed.
If I’m insistent and do not pay, they could choose not to renew my lease at their discretion. Then I’m screwed because it’ll be tough to find a new place I’m guessing.
If I’m insistent and do not pay, they could choose not to renew my lease at their discretion. Then I’m screwed because it’ll be tough to find a new place I’m guessing.
Posted on 8/30/20 at 12:09 pm to DiamondDog
I wouldn't pay shite for something I'm not living in and this would be a great catalyst for me to move out of a hurricane zone or at least buy a house.
Posted on 8/30/20 at 12:10 pm to ell_13
quote:
The landlord shouldn’t be an a-hole. He/she will have grants available and so will the renters but only so they can pay for places they can actually live, not the torn apart properties.
OP can correct me if I’m wrong, but it appears he is the lease/renter, and his property manager is trying to force rent payments via contract.
OP that’s a tough call. How bad was your rental damaged? Even if the only issue is no power or electricity for months....would you want to live that way, even for free?
You can always go to the media, they'd eat this shite up.
Posted on 8/30/20 at 12:11 pm to DiamondDog
I don’t know of any court that would find a place with no electricity or water “habitable”.
In my opinion they cannot charge rent in this situation while it is uninhabitable.
Someone that specializes in this would certainly know better.
In my opinion they cannot charge rent in this situation while it is uninhabitable.
Someone that specializes in this would certainly know better.
Posted on 8/30/20 at 12:14 pm to DiamondDog
No water is not habitable.
I’d get the f out.
I’d get the f out.
Posted on 8/30/20 at 12:15 pm to DiamondDog
The owner should have a DP3 policy for a rental property that would cover loss of rents due to the property being uninhabitable
This post was edited on 8/30/20 at 12:17 pm
Posted on 8/30/20 at 12:16 pm to Nado Jenkins83
quote:
Nado Jenkins83
quote::kige:
im dumb
Posted on 8/30/20 at 12:18 pm to DiamondDog
If the property is premium and there is a shortage, then expect a significant rent increase at renewal.
Electric and water may not take too long to restore.
Check to see if there is an eviction moratorium in place and if you qualify. If so consider holding rent payments till things become more clear. Understand that you will have to pay the rent due eventually.
In any event, talk to the landlord and decide on a plan to secure stable housing.
Electric and water may not take too long to restore.
Check to see if there is an eviction moratorium in place and if you qualify. If so consider holding rent payments till things become more clear. Understand that you will have to pay the rent due eventually.
In any event, talk to the landlord and decide on a plan to secure stable housing.
Posted on 8/30/20 at 12:20 pm to DiamondDog
Do you have renters insurance? File a claim and enjoying your hotel stay for loss of use while damages are repaired and electricity is restored. Continue to pay rent in the meantime.
You could probably withhold rent for uninhabitable property and see if he fights it. But good luck getting a renewal of the lease after. Additionally, I would assume if the landlord is making good faith effort on his part to restore the property to working/habitable condition in a timely manner in a post disaster time, then I would give the benefit of the doubt.
You could probably withhold rent for uninhabitable property and see if he fights it. But good luck getting a renewal of the lease after. Additionally, I would assume if the landlord is making good faith effort on his part to restore the property to working/habitable condition in a timely manner in a post disaster time, then I would give the benefit of the doubt.
Posted on 8/30/20 at 12:21 pm to Puffoluffagus
quote:
Do you have renters insurance? File a claim and enjoying your hotel stay for loss of use while damages are repaired and electricity is restored. Continue to pay rent in the meantime.
Have renters. It’s considered uncomfortable and not uninhabitable. Claim was denied.
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