My tenant was in a mandatory evacuation zone before irma hit south florida, I am responsible for reimbursing him the days he was evacuated?

The apartment did not suffer any damages, am I supposed to pay for his
hotel stay?

Asked on September 11, 2017 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you do not need to pay for his hotel: a landlord is responsible for paying for a tenant's hotel while an apartment is uninhabitable due to the landlord's fault. Based on what you write, it is not uninhabitable and you did nothing wrong; therefore, you do not need to pay for the hotel.
However, since it was a mandatory evacuation and the tenant could not stay in the home, you would have to give them a rent credit or abatement for the time they had to be away; they do not have to pay rent when they could not legally have possession of the unit. If they were gone, say, 3 days, you'd give them a 10% rent abatement for the month (since 3 days is 10% of a month).

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