If pipes burst and the ceiling caves in, should lease be void or should you still have to pay rent?

Question

Shouldn't the house be legally considered inhabitable (it's in Athens, OH). It happened to my friend and the landlord wants them to still pay their rent. Doesn't seem right. I told her to contact the student legal services (she's a student at OU).

Anyone gone through this? Any suggestions for her?

*xors

Answer 1

The lease isn't voided simply because the property is damaged. Unless the landlord's negligence caused the problem (in which case you'd have to follow procedures in your state's landlord/tenant laws) he is a victim of the same circumstance you are.

What generally happens in these cases is that the rent stops until the property it rendered habitable again. So you shouldn't pay rent for the time you aren't able to occupy the property. It is somewhat subjective as to what constitutes habitability, so when in doubt, contact your local code enforcement or housing preservation office.

The landlord's insurance will settle with him on the property damage and loss of rent if he purchased that additional coverage.

Read your lease and the state rental laws to determine whether there is a time limit for repairs. If there is and the landlord cannot restore the place before it expires, you may be in a position to walk away from the lease. That varies from state to state and lease to lease, so check it out.

The last thing you want to do is add insult to injury by placing yourself in a position where the landlord must sue for rent and possibly get a judgment against your credit that will haunt you for a long time to come.

Answer 2

Get the housing inspectors over there pronto. They will be the ones to deem if its livable or not. If they do not deem it livable the landlord will have to make some critical decisions. The place will be closed down. The landlord might be able to be forced to put you up in another domicile till repairs are made. In most cases where there's month to month renting leasing that wont usually happen.

However, it all depends upon if the damage was caused by tenant, faulty plumbing, frozen pipes, etc, etc. More than anything how good of a repor do the tenant and landlord have. and if perhaps he has other units to use till damages are repaired. A hole in the ceiling isn't necessarily life threatening just inconvenient.

Answer 3

Ive never had that happen but yes, the property is not in living in condition and the lease should be null and void. My friends apt complex had a fire and because of it her water and power were going to be shut off for three weeks and she was let out of her lease even though the fire hadn't directly affected her building. Definitely go to student legal and stand your ground. No judge would ever make you pay back rent on an apartment that had a caved in ceiling!

Answer 4

The only time if they still have to pay rent is when they either fixed it in a timely manner or they relocated your friend to a different unit. If they refuse to fix it and still demand that they pay rent, I would tell your friend to call the local police or lawyers because its breech of contract.

Answer 5

the lease is now nil and void, for unsafe conditions. take pictures
so that you have proof in court, in the event the landlord sues you,

you can walk away and the landlord cannot do anything about it.

unless he is willing to repair same asap....DO NOT PAY ANOTHER
DIME. these are mayor repairs and the landlord is responsible.

Answer 6

no, they do not have to pay rent.

the landlord should have their own policy which would include "loss of rents" or "loss of income" or "loss of use". that coverage pays at least a portion of the rent that would have normally been paid by the person living there.

Answer 7

I wouldnt pay a single penny. Its a breach of contract.

Answer 8

he does not have to pay..the owner must provide housing for him till its fixed,its a safety,and health issue