Q: Is a landlord allowed to ask for rent when the tenant has not occupied the apt in a whole month due to repairs.
We've been out of our apt for a month now because the tenants above us caught a fire. The repairs have taken way longer than they were supposed to and now the landlord is asking for us to pay rent.
A: The lease should control the answer to your questions. Generally, if the landlord has not delivered possession of the premises to the tenant, the rent is not due and payable from the tenant to the landlord. If another tenant caused you to be displaced from the premises because of a fire, the other tenant or that tenant's insurance coverage is liable for your consequent damages, including the rent you pay to the landlord while being displaced. You should make a cliam on the other's tenant's insurance policy asap.
A:
What does the lease say about force majeure, fire, or destruction of premises? What does the local ordinance say about landlord-tenant relations where the apartment is located? Who was at fault in the fire? Who has insurance, and what does it cover?
If you cannot determine the answers to these questions, it may be wise to retain counsel.
A: You're not obligated to pay for alternative housing and rent. If the landlord has put you up in comparable housing then paying rent or partial rent is likely appropriate. If you decide to retain an attorney to help, I'm sure anyone who responds would be happy to help.
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