Doesour landlord have to put us up somewhere if we had to vacate due to a fire but it was 4 days before we had to move out due to non-payment of rent?

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Doesour landlord have to put us up somewhere if we had to vacate due to a fire but it was 4 days before we had to move out due to non-payment of rent?

I was given a move out date after going to court on a non-payment of rent. We had 4 days before having to vacate and there was a fire that left us homeless.

Asked on June 20, 2011 under Real Estate Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Technically, in that case, the landlord  might have to reimburse you four days worth of your actual costs, if you moved out and stayed in a hotel or motel for those 4 days that you were still on the lease. (Note: "actual" only to the extent it was reasonable; no staying in a four-star hotel and ordering expensive room service, so to speak.) Alternately, if you did not pay to stay elsewhere, you may be able to recover 4 days worth of rent (so around 4/30ths of your normal monthly rent payment). The landlord would *not* be liable for any costs for more than the four days you had remaining in your tenancy--after all, you had no rights to the apartment past the move out date--so it's doubtful whether it would be worthwhile to try to pursue the landlord for this amount.


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