Q: pro rated rent. what are my rights?
i have a 1 year lease on my apt. we had to evacuate sept 5 and returned sept 18. power was just restored sept 18. there was a hole in my cieling from water in my apt upstairs. i asked our landlord for pro rated rent for thr 13 days evacuation and thry said they didnt offer this. that thats a fema thing. what are my rights?
A:
Your landlord is correct, they are not obligated to pro rate your rent. You landlord is also correct that you should seek compensation from FEMA for this situation.
Good luck,
A:
First, I am grateful that you were not harmed in the storm.
I agree with my colleague, you are not entitled to pro rated rent due to the evacuation While it may have been an inconvenience, it was a non-voluntary circumstance caused by natural disaster and if you were evacuated, it was mandated for your own safety. You do need to notify your landlord that there is a hole in your ceiling. If the leakage is causing all or part of your apartment from being "unusable," you may be entitled to cancel your Lease or a rent credit equal to the value of the "unusable" portion. The challenge will be that if your landlord is not in agreement, you will need to file a lawsuit for judicial determination and, as with all litigation, the outcome cannot be guaranteed. Best of Luck! Jennifer
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