If my home was flooded and I was put out for half of themonth, am I still responsible for the entire month’s rent?

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If my home was flooded and I was put out for half of themonth, am I still responsible for the entire month’s rent?

Town was flooded. We were evacuated for 1/2 a month. So I only paid half the rent. The house was unlivable but the landlord is demanding the rest even though she made no effort to provide other means of housing. Am I liable for the other half of the month rent?

Asked on April 6, 2011 under Real Estate Law, New Jersey

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You are absolutely not liable for the remainder of the rent if a) your landlord did not provide a habitable condition and b) your lease doesn't include a provision regarding acts of god. So, if your landlord did not help put you up somewhere while the home was being cleaned/repaired, you are not required to pay her for the half month you could not live in the premises and was forced to use those monies for other purposes (i.e., hotel, costs at someone's home, travel, etc.).  If your landlord is pushing for these monies, take the costs you had (hotel, etc) and repair costs or replacement costs you had in damages if any and deduct from future rents. If your lease requires you to pay for those damages or absolves the landlord by indicating personal property is only covered through your own renter's insurance, then you may be out of luck on those items.


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