Am I required to pay for time I did not live in an apartment?

My apartment flooded, and for hthe past 3 weeks I have had to find my own place to live and have not been allowed into my apartment. Soon I’ll be allowed to go back, but my landlord is telling me I still have to pay the full rent even though I’ve not been there. Is that legal?

Asked on June 25, 2009 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes, it is legal. You rent the apartment for a term and need to pay for that term whether or not you live there. However, if the flood was your landlord's fault (improper maintenance, for example), you would have grounds to fight the charge and also to require him to pay your costs (damaged goods, cost of a hotel, etc.). However, if the flood is not you landlord's fault, he can require you to pay the rent.

If you have renter's insurance, you should be able to put a claim in under it for any costs you incurred in living elsewhere.

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