Fort Lauderdale, FL · Member since 2012 · 25 posts · 2 votes
I can't find answer anywhere. If a hurricane makes property un inhabitable, does LL have to pay for tenant to stay in a hotel? I thought that's what renters insurance was for. I was told LL has to pay
Fort Lauderdale, FL · Member since 2012 · 25 posts · 2 votes
10y
This is all I can find. Says nothing about paying for temp housing
83.63 Casualty damage.—If the premises are damaged or destroyed other than by the wrongful or negligent acts of the tenant so that the enjoyment of the premises is substantially impaired, the tenant may terminate the rental agreement and immediately vacate the premises. The tenant may vacate the part of the premises rendered unusable by the casualty, in which case the tenant’s liability for rent shall be reduced by the fair rental value of that part of the premises damaged or destroyed. If the rental agreement is terminated, the landlord shall comply with s. 83.49(3).
Investor · Philadelphia, PA · Member since 2015 · 3k+ posts · 3k+ votes
10y
In my lease - no - but tenant or landlord has the right to terminate the agreement in the situation of a natural disaster making the place uninhabitable.
Spring Hill, TN · Member since 2016 · 6 posts · 0 votes
10y
I think renter's insurance only pays for damage to personal property. I've never heard of a landlord being responsible for replacement housing. That should be responsibility of FEMA or state/local relief, not the landlord. Since the tenant has to move, the only landlord-related "relief" is not getting rent from the tenant.
Spring Hill, TN · Member since 2016 · 6 posts · 0 votes
10y
I agree, the landlord could refund the deposit. However, in having lost the rental stream, I see no logic in anyone assuming the landlord is obligated to pay for the tenant's housing (especially as the landlord's mortgage will not be deferred by the lender).
Rental Property Investor · Maryville, TN · Member since 2009 · 529 posts · 414 votes
10y
Please don't count on LL paying for a hotel etc, also do not pay for the rental unit if you are forced to leave for two weeks. Your daily rate certainly should be subtracted from future payments if you return to live there.
Now with that said, many ins policies offer "loss of use" and It would not be unreasonable to ask for the DIFFERENCE. Say your temp housing is $50/day and you were paying$30/day for the rental. Hey, mr LL can I get $20 /day while you fix my unit? He or she is under no obligation, but can't hurt to ask.
This is all based on you returning, either of you can probably cale the contract and you certainly should get your deposit back
Spring Hill, TN · Member since 2016 · 6 posts · 0 votes
10y
Well, whether the landlord "could" or "should" return the security deposit comes down to a more central question: Is the property repairable and will the tenant return once repairs are complete? If so, the deposit "could" be paid as a kindness. If not, it "should" be paid assuming the rental agreement has ended.
Fort Lauderdale, FL · Member since 2012 · 25 posts · 2 votes
10y
I understand about letting Dias tenant out of lease and returning the deposit
My question is about temporary housing. Is LL required to put the tenant in a hotel and pay for it? Even if it takes a month or more
San Jose, CA · Member since 2015 · 4k+ posts · 3k+ votes
10y
I have loss of use coverage in my renter's insurance. I'm not sure if it would cover if it was a natural disaster, but I pay extra for this coverage. That way, if there's a fire or the upstairs neighbor overflows her tub and I have to move out while work is done, I have $3400 to spend to stay at a hotel, etc.