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Originally Posted by J-bo09
The term I keep hearing is the Lease is now "Frustrated" and because of that fact rent should at least be pro-rated.
I also just got a text from friends two buildings down that will not be charged July rent. I now this is a landlord decision, but it seems somewhat muddy.
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I don't think the lease is frustrated, it's not a situation where a landlord hasn't met their obligations (under the definition of a landlord's obligations under the law). Things have to have an opportunity to be resolved.
This site even specifically mentions floods:
http://www.landlordandtenant.org/liv...ge.aspx?id=602
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Q.My apartment has flooded and the damage is going to take about two months to repair. Do I have to keep paying my landlord rent while the repairs are taking place?
A.
Yes. If you stop paying rent you are at risk for being evicted for non-payment of rent. Even if you have to move out while the repairs are taking place you should still pay rent. It is possible for you to come to an alternative agreement with your landlord with regard to the payment of rent during this time. Any agreement should be in writing and clearly state what your intentions are in altering the terms of the original lease agreement and be signed by both of you. In the absence of such an agreement you should keep paying rent. You can also give notice to end your tenancy, if it is periodic, with the required amount of paid notice.
If you have tenant's insurance, your rent or extra living expenses may be covered by the insurance.
If the premises are completely destroyed by a disaster such as fire, it is likely that the lease agreement could be treated as frustrated (i.e., unable to be carried out) and the agreement will be over. However, if premises can be repaired so that the contract can continue, the contract will not be frustrated.
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