Hurricane Charley Damages
Long-time "lurker", first-time "poster" to the Forum. You all have been a great resource and I am hoping for some clarification on what responsibility a landlord has when a unit becomes un-liveable (and what defines un-liveable).
Fortunately, our Orlando properties withstood Charley without structural damage but there has been no power for almost a week. As the landlord, are we responsible for any expenses incurred if a tenant considers "no power" an un-liveable situation (water and sewer are intact)? Are we obligated to pro-rate the rent for those days they have been without power?
Separate but related, people have asked me when a rental unit had been seriously damaged (near condemnation), is it the landlord's responsibility to provide/pay for safe shelter to the tenant for some period of time? Our lease is written that either party has the option to terminate the lease agreement under these circumstances but I have always thought that replacement housing was covered by renter's insurance, not the landlord. Can someone provide some legal insight on this? Thanks!
Your insurance policy hopefully has a "loss of rent" clause that will cover this problem.
Most tenants are understanding in circumstances such as hurricanes. It is when a landlord never gets around to fixing a repair and the unit becomes uninhabitable, that the tenant can give landlord a notice stating they are refusing to pay rent until "x" is fixed.
I would not pro-rate rent for days without power.
Have the tenants talk to FEMA and see if they can get reinbursements. As the landlord you will find it hard to get a sympathetic FEMA ear (as I've determined).
I am getting a great loss of use credit from my insurance company due to teh partial loss of a roof.