Does our landlord have to pay for a hotel room if we were displaced after a flood?

We recently had a huge flood hit the city. As a result, our apartment has become un-inhabitable. No power, flood damage, etc. Is our landlord required to pay for a hotel room while the apartment is fixed? Many area hotels are offering discounted rooms for flood victims. Also, are we required to pay full rent if he isn’t paying for the hotel?

Asked on June 27, 2012 under Real Estate Law, Minnesota

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your rental is now uninhabitable as a result of a flood then you are not legally obligated to pay rent to your landlord for that unit under the law for the simple reason that it is not in a condition that you agreed to inhabit.

Typically a landlord is not required to pay for the tenant's hotel room when the damaged apartment is being repaired if the damages are caused by an "act of God". If the landlord caused the damages to the rental then the landlord should pay for the hotel room pending the repairs.


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