Can a tenant break a lease after fire? - Landlord Forum thread 191462

Can a tenant break a lease after fire? by Melissa Hazlett (Florida) on November 12, 2009 @17:39

My niece at college rented an apartment with two other girls in a 10 mnth lease. There was a fire in the apartment and while repairs where made they had to move out. The Landlord is now expecting them to move back in, they don't want to. Do they have to honor the lease?

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Re: Can a tenant break a lease after fire? by OK-LL on November 12, 2009 @18:27

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You'll need to refer to your lease and FL law to determine that. Depending on the duration of the relocation and the extent of the damage, they may be able to return or maybe not.

For instance, my rental agreement says,

"1. Damage to Premises. If the demised premises, or any part thereof, shall be partially damaged by fire or other casualty not due to Tenant’s negligence or willful act or that of his employee, family, agent, or visitor, the premises shall be promptly repaired by Landlord and there shall be an abatement of rent corresponding with the time during which, and the extent to which, the rented premises may have been untenantable; but, if the rented premises should be damaged other than by Tenant’s negligence or willful act or that of his employee, family, agent, or visitor to the extent that Landlord shall decide not to rebuild or repair, the term of this rental agreement shall end and the rent shall be prorated up to the time of the damage."

This language means that after the temporary relocation of tenant to accomodate repairs, tenant is obligated to return to the rental for the remainder of her lease, unless the property is completely destroyed in which case the lease ends and excess rent is returned to tenant.

Read your lease and look for this type of language. If it is silent, you will will need to talk to an attorney or research online to see what the standard is in FL.

Re: Can a tenant break a lease after fire? by Anonymous (FL) on November 12, 2009 @18:33

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This could be tough. If they really don't want to move back in, they should consult a lawyer. Here is a fl statue about damage to a place. Problem with it is that it is written that if tenant has to leave premises they can terminate lease, then leave immediately. Of course this is assuming the girls were not responsible for causing the fire either by neglect or on purpose. If they were responsible in any way then they absolutely must honor the lease. The problem I see with it is that they left without anything being said about terminating lease or not wanting to come back after damages are repaired. So it would have been assumed by the girls and landlord that the leave was temporary. The way it is written, they wouldn't be able to refuse to honor the lease now that the repairs have been made.

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) [F.S. 1973].

Re: Can a tenant break a lease after fire? by Anonymous on November 12, 2009 @20:28	[ Reply ]

How long were they displaced by the fire? If the landlord forces them back into the lease, the landlord will have to pay for the tenants living expenses while moved out. Ask the landlord if this is what they want?

Re: Can a tenant break a lease after fire?

Huh?

Re: Can a tenant break a lease after fire?

Re: Can a tenant break a lease after fire? by Paul (IL) on November 14, 2009 @08:39	[ Reply ]

I try to use common sense in situations like this and law later. If the LL was unable/unwilling to move them to another apartment and/or pay for temporary residence elsewhere, I would assume the lease would be void.

Re: Can a tenant break a lease after fire?