Re: Can a tenant break a lease after fire? - Landlord Forum thread 191549

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

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.

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Re: Can a tenant break a lease after fire? by Anonymous on November 14, 2009 @10:13	[ Reply ]

Assuming doesn't make something happen or the law. And why should tenants get to live free for a time while the place is being fixed?

Re: Can a tenant break a lease after fire? by OK-LL on November 14, 2009 @13:29	[ Reply ]

The tenants have an obligation to pay for their keep, wherever it is. If they have paid the LL for the rent, then the LL would provide a place for them. If the LL has abated the rent during the reconstrution period, then the tenant must find accomodation using the abated rent money. They must return to the unit after repair unless otherwise agreed at the onset of the repair/displacement period.

Re: Can a tenant break a lease after fire? by Paul (IL) on November 15, 2009 @09:37	[ Reply ]

This is where it gets tricky. If the tenants needed to stay elsewhere during the "repair" period, it is possible they would need to sign a lease elsewhere. The LL cannot enforce a lease under such conditions and no judge in the world would enforce it either. There are a lot of conditions regarding this question.

Re: Can a tenant break a lease after fire? by OK-LL on November 15, 2009 @11:54	[ Reply ]

Because T has the obligation to return to the unit, he would be obliged to seek a short term rental, M2M or extended-stay motel. There are plenty of alternative accomodations in situations such as this. Only the unavailability of such accomodations would convince a judge that T had to sign a lease elsewhere.

Re: Can a tenant break a lease after fire? by Paul (IL) on November 15, 2009 @16:56	[ Reply ]

The tenant may not necessarily have an obligation to return to the unit due to condition. If the condition of the unit makes it uninhabital for X amount of time, it is reasonable for a tenant to find another dwelling in which to reside. A week or two is one thing, but the original post spoke of fire. Again, condition and circumstance would be deemed by any reasonable judge.