I am sorry for being so descriptive, just wanted to be as clear as possible:
We are tenants of a condo which was damaged by an external accident (not by our negligence). Condo was declared condemned and we were not living in the Condo. We were staying in hotel paid by our pocket and we were reimbursed for that by party who caused the accident.
1. Accident occurred on 22nd March by a contractor of Verizon, Dave Caldwell (3rd party). He had Insurance.
2. Lease states that we can cancel the lease when such accident happens.
3. Condo was inhabitable and had a certificate issued by Fire Marshall that the property is condemned and we can't live in the Condo until certificate is legally removed.
4. For first 25 days we paid hotel bills from our own pocket. Landlord denied providing any hotel support. Insurance company contacted us after 1 week.
5. Insurance company (of Verizon contractor) after around 30 emails and numerous voicemails finally reimbursed our hotel money we paid from our pocket on 7th June. We had to fight and negotiate with Insurance company everyday for that reimbursement. Landlord didn't help at all. It took us 75 days to extract that money, for which we paid APR on our credit card. You know it is not easy to deal with insurance companies.
6. Insurance company continued to pay our hotel bill in their choice of hotel after 25 days and paid till 19th June.
7. Our damaged personal property was in the Condo in this duration (March 22nd to June 19th)
8. Damaged personal property was accessed by insurance company on around 7th June
9. We moved back in the Condo on 20th June as we had no place to go after 19th June. We asked for new lease from landlord, he suddenly increased the rent to $1300.00 which we can't afford.
10. Landlord is asking for rent for the month of April, May, and June ($3600.00), for Condo where we didn't live in. He claims that we are liable to pay rent since we were reimbursed for hotel stay by insurance company.
11. We had to eat out everyday because of lack of equivalent kitchen facility. We paid high figures in eating out everyday.
Below is an excerpt from lease:
DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered wholly uninhabitable by fire, storm, earthquake, or other casualty not caused by the negligence of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered uninhabitable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such uninhabitable portion, the rental shall abate in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms.
Landlord's Perspective:
1. Pay $3600 for 3 months of rent of the Condo, since you were living in hotel, and Insurance Company of the damage causing company, reimbursed you for that hotel stay.
2. We are liable because our personal property was still in the house.
Our Perspective:
1. We initially paid hotel bills from our own pocket and we had to talk and negotiate with insurance company to get that money. We had the bills debt on our credit cards. It took us forever to get that money back.
2. We are not liable because lease states that we can cancel the lease if similar accident happens.
3. Property was declared inhabitable by Fire Marshall. And we were not living in the Condo for these 3 months. Why should we pay complete rent for a place where we were not living in?
4. We were 3 tenants in the Condo (i.e. 3 sharing the rent) which is in comparison lot bigger than the Hotel room. The kitchen in hotel room was so small and was not adequate for full cooking. Since there were only 2 beds we were not able to put 3rd tenant in the hotel. We had a in house free laundry whereas hotel had a external coined common laundry. This generated extra expenses of eating out everyday and doing laundry, in addition to the inconvenience caused by not living in the place of our choice.
5. Insurance company should pay for loss of his business.
My question: Are we liable for the rent ($3600.00) for that duration?
A reply would be deeply appreciated.
Thanks
We are tenants of a condo which was damaged by an external accident (not by our negligence). Condo was declared condemned and we were not living in the Condo. We were staying in hotel paid by our pocket and we were reimbursed for that by party who caused the accident.
1. Accident occurred on 22nd March by a contractor of Verizon, Dave Caldwell (3rd party). He had Insurance.
2. Lease states that we can cancel the lease when such accident happens.
3. Condo was inhabitable and had a certificate issued by Fire Marshall that the property is condemned and we can't live in the Condo until certificate is legally removed.
4. For first 25 days we paid hotel bills from our own pocket. Landlord denied providing any hotel support. Insurance company contacted us after 1 week.
5. Insurance company (of Verizon contractor) after around 30 emails and numerous voicemails finally reimbursed our hotel money we paid from our pocket on 7th June. We had to fight and negotiate with Insurance company everyday for that reimbursement. Landlord didn't help at all. It took us 75 days to extract that money, for which we paid APR on our credit card. You know it is not easy to deal with insurance companies.
6. Insurance company continued to pay our hotel bill in their choice of hotel after 25 days and paid till 19th June.
7. Our damaged personal property was in the Condo in this duration (March 22nd to June 19th)
8. Damaged personal property was accessed by insurance company on around 7th June
9. We moved back in the Condo on 20th June as we had no place to go after 19th June. We asked for new lease from landlord, he suddenly increased the rent to $1300.00 which we can't afford.
10. Landlord is asking for rent for the month of April, May, and June ($3600.00), for Condo where we didn't live in. He claims that we are liable to pay rent since we were reimbursed for hotel stay by insurance company.
11. We had to eat out everyday because of lack of equivalent kitchen facility. We paid high figures in eating out everyday.
Below is an excerpt from lease:
DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered wholly uninhabitable by fire, storm, earthquake, or other casualty not caused by the negligence of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered uninhabitable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such uninhabitable portion, the rental shall abate in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms.
Landlord's Perspective:
1. Pay $3600 for 3 months of rent of the Condo, since you were living in hotel, and Insurance Company of the damage causing company, reimbursed you for that hotel stay.
2. We are liable because our personal property was still in the house.
Our Perspective:
1. We initially paid hotel bills from our own pocket and we had to talk and negotiate with insurance company to get that money. We had the bills debt on our credit cards. It took us forever to get that money back.
2. We are not liable because lease states that we can cancel the lease if similar accident happens.
3. Property was declared inhabitable by Fire Marshall. And we were not living in the Condo for these 3 months. Why should we pay complete rent for a place where we were not living in?
4. We were 3 tenants in the Condo (i.e. 3 sharing the rent) which is in comparison lot bigger than the Hotel room. The kitchen in hotel room was so small and was not adequate for full cooking. Since there were only 2 beds we were not able to put 3rd tenant in the hotel. We had a in house free laundry whereas hotel had a external coined common laundry. This generated extra expenses of eating out everyday and doing laundry, in addition to the inconvenience caused by not living in the place of our choice.
5. Insurance company should pay for loss of his business.
My question: Are we liable for the rent ($3600.00) for that duration?
A reply would be deeply appreciated.
Thanks
