How much rent do you pay when the house is not livable?

Our house received roof and ceiling damage from the hail storm. Repairs are not to begin for another 2 weeks. We can not currently live in the house but it has all of my belongings. Rent is due. How much rent do you pay when you are unable to stay at your house?

Asked on June 6, 2012 under Real Estate Law, Oklahoma


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can not make that determination yourself. Only a court can.  But you have a lot of issues here - even one called "constructive eviction" may apply under the law in your state.  What you should do is go down to court and ask to pay the rent in to court until the matter is resolved and for an "abatement" - reduction - in the rent until it is resolved.  You would start a proceeding indicating that the house is "uninhabitable" at the time being.  Good luck.

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