landlord responsible for tenant relocation costs?

landlord responsible for tenant relocation costs? by Sean (CA) on April 28, 2010 @13:35

I'm having issues with water damage from the recent rains here in California. In short, water had somehow been gathering and seeping into the walls. Now there is major structural damage to a large portion of the house which requires a rebuild. Tenants don't feel house is safe to stay in and demand that I rebuild, not charge rent, and compensate them for alternative accomodations during the time required for repairs.

At this point, I've already stopped charging them rent. However, I don't have the money for a major rebuild at this point. I'm thinking about exercising the following clause in my lease and terminating the lease agreement:

DAMAGE TO PREMISES: If, by no fault of Tenant, Premises are totally or partially damaged or destroyed by fire, earthquake, accident or other casualty that render premises totally or partially uninhabitable, either Landlord or Tenant may terminate this Agreement by giving the other written notice. Rent shall be abated as of the date Premises become totally or partially uninhabitable. The abated amount shall be the current monthly Rent prorated on a 30-day period. If the Agreement is not terminated, Landlord shall promptly repair the damage, and Rent shall be reduced based on the extent to which the damage interferes with Tenant's reasonable use of Premises. If damage occurs as a result of an act of Tenant or Tenant's guests, only Landlord shall have the right of termination, and no reduction in Rent shall be made.

I've mentioned the possibility of terminating the lease to the tenants and allowing them to move, but they say that I would have to pay for all moving expenses and even accomodations during the time that they are searching for a new place.

Do they have a claim? Am i responsible for all their relocation costs if I decide to terminate the lease? I feel like i'm stuck in a real bind. It was a unfortunate unforeseen situation with the house, but I just do not have the money to repair at this point.

Thanks in advance.

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Re: landlord responsible for tenant relocation costs? by Melanie (CA) on April 28, 2010 @13:45	[ Reply ]

Im NOT an attorney, but logic would dictate that an unforeseen natural catastrophy is just that - nothing that the ll could have foreseen. The ONLY time i have ever seen a ll responsible for moving costs are when there is a condo conversion or if the unit is rent controlled. Terminate their tenancy due to habitibility issues and call their bluff. But it also doesnt hurt to do your own research at the link to the right.

Re: landlord responsible for tenant relocation costs? by A.T.SF (CA) on April 28, 2010 @14:06	[ Reply ]

I agree with Melanie above; however a few questions I have are, Who deemed your house inhabitable? What was the condition prior to the rains,( age of roof? Brick, Siding Clapboard, Vinyl Siding?) Have you contacted your insurance carrier? Have you contacted your local county FEMA if the weather was deemed a disaster in your county? After this is established then one can help decide if relocation is a fee you need to pay.

Re: landlord responsible for tenant relocation costs? by OK-LL on April 28, 2010 @15:22	[ Reply ]

Unless your state's LL/T law requires you pay relocation costs under these circumstances, you are not liable for ancillary costs if you terminate the lease under the "Damage to Premises" clause you quoted. Tenant has agreed to the termination clause by signing the lease and the termination clause does not require payment by LL for relocation.

Re: landlord responsible for tenant relocation costs? by Anonymous on April 29, 2010 @18:22	[ Reply ]

Contrary to popular tenant belief, if you do not charge them rent for the time they are inconvenienced, you do not need to also pay their accommodations elsewhere, they can use the rent they would normally pay you to pay for alternative accommodations. I would get LL/tenant attorney advice for your particular city/county to make sure you cover your bases.

Re: landlord responsible for tenant relocation costs? by Anonymous on May 2, 2010 @19:59	[ Reply ]

Terminate their lease for them. I would not pay for "alternative accomodations" or any relocation costs. If they are not paying rent, they need to leave.....

landlord responsible for tenant relocation costs? - Landlord Forum thread 200859