This is all hypothetical, but it’s a debate some friends and I are having.
We just went through Hurricane Isabel here. I live way out in the county off of a 2 mile dirt road lined with trees.
If the hurricane had made my road impassible with downed trees, and electrical service was cut off due to storm damage (taking out my only water supply as well), would I still be liable for the rent during that period even though my house was inaccessible, and uninhabitable for that time period?
I think it’s inherent that a landlord is required to provide a hibatable dwelling… or so I’ve heard.
I would think yes, you would. These would be circumstances beyond your landlords control, and the city/county will surely get to them as soon as possible. Just like in a house, you’d still be liable for sewer charges even if your sewers were blocked due to the hurricane. But IANAL or a landlord so I could be wrong here. OTOH if the only damage was structural damage to the house, that may be a different story.
Should a landlord get stiffed if you choose to live out in the sticks and a river floods, not allowing you access across? Too much snow to get out to town? Maybe the landlord should provide helicopter service for the tenant?
If you think rents are too high now, try to pass such a law.
I rent a couple places in the sticks here that don’t have any water whatsoever. (not uncommon in the area) Tenants have to haul their own water and are obviously aware of the fact before they move in. With that in mind, I have to wonder what is meant by habitalble?
A hurricaine is beyond the control of your landlord. As long as the landlord makes a good faith effort to make any needed repairs the rent should be paid. In some locations you can, in very limited circumstances, forgo the rent due to neglect problems (in all cases I’ve heard about you have to prove you spent the rent money on repairs yourself) but “God blew some trees down and the power grid failed” doesn’t quite make the grade. This isn’t a matter of the landlord neglecting the building.
If you don’t like the situation move out, but you’re still responsible for the balance of the lease unless you have a case against the landlord that can stand up in court, or at the very least responsible for the remainder of the month if you’re renting month-to-month.