Re: Reasonable to request a rent reduction? - Landlord Forum thread 317575

Re: Reasonable to request a rent reduction? by Anonymous on April 16, 2014 @12:55

And the moment he declares his own place unfit for habitation is the moment the landlord opens himself up to a breach of contract suit. The tenant then gets their moving costs as well as the difference between the rent they were paying and any increase in rent to a different landlord for a comparable place.

Did you think the lease only bound the tenant?

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Re: Reasonable to request a rent reduction? by Bill on April 16, 2014 @13:40	[ Reply ]

I so wish you knew what you were talking about.

Re: Reasonable to request a rent reduction? by Anonymous on April 16, 2014 @17:32	[ Reply ]

Then enlighten me with your brilliance, Bill. The LL has an obligation to maintain the premises in a habitable condition. If he declares the place uninhabitable and terminates the lease, the tenant has a claim against him based on the landlord violating the terms of the lease, and the landlord is liable for the tenant's damages. The tenant's damages would be the amount he's out in order to move because the LL didn't uphold his side of the lease. If the tenant is forced to get new housing at a higher price, the landlord is on the hook for those additional costs as well, during the original lease term.

Re: Reasonable to request a rent reduction? by Bill on April 16, 2014 @18:17	[ Reply ]

You are a tenant. If you ever own a home and other property, the whole world will become more clear to you......Or not.

Re: Reasonable to request a rent reduction? by Garry (Iowa) on April 16, 2014 @20:38	[ Reply ]

Can I jump in here for just a minute? I am assuming that the flooding was caused by heavy rains, which is an act of God. and neither the LL or T was negligent in any way. Neither the LL or T can declare the property "uninhabitable" That decision must come from a third party "official" that is a housing/building inspector for a city, county, or state in which the event happened. If that official says it's uninhabitable, then the T must move out, which could be for only a week or two, a month or two, or they may never reside there ever again. If the T moves out, they owe no rent to the LL, as they are now having to pay rent to a hotel or are staying with family or friends until they can move back in again. In this case, if the T remains in the home, but has reduced living space because of the flooding, the should pay a reduced amount of rent. However,after 30 days of living in a hotel, if it's again determined by a building inspector that habitability is a long ways out, the T can cancel the lease on his own, and go where chooses, The LL must let him take all of his possessions and also give back the T's deposit money. This is all because it was an act of God that caused the problem, with no negligence on any ones part.

Re: Reasonable to request a rent reduction?