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Updated 5 months ago on . Most recent reply

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Kandice Morgenstern
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lease clause for tenant expectations/responsibilities during mandatory evacuations

Kandice Morgenstern
Posted

Does anyone have a good lease clause to outline responsibilities and expectations during mandatory evacuations? Evacuations due to wildfires are not uncommon in our area of California. Are the renters or the landlord expected to cover rent during the evacuation? My lease requires renter's insurance which should cover loss of use if the unit becomes damaged/uninhabitable, but I don't think renters insurance covers costs of living expenses incurred during just an evacuation. Any wisdom to share here?

Thank you!

  • Kandice Morgenstern
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    Nathan Gesner
    • Real Estate Broker
    • Cody, WY
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    Nathan Gesner
    • Real Estate Broker
    • Cody, WY
    ModeratorReplied
    Quote from @Kandice Morgenstern:

    I recommend you consult an attorney. I will give you the common-sense answer below, but this is California, where common sense doesn't exist.

    A mandatory evacuation is outside of your control, so you shouldn't suffer financially because of it. You still have to pay your mortgage. Grocers must eat the loss of their fresh vegetable or frozen foods during a power outage. Hotels lose money with no guests. It's not your fault that the tenant has to vacate, so the tenant should have insurance to protect them against any additional expenses. Otherwise, they have to eat the extra expense just like homeowners do.

    I would talk to an attorney and your insurance company. Design a clause in your lease that complies with both and ensures you are protected.

    • Nathan Gesner
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