Legal Question in Real Estate Law in California

I rented and prepaid for a house for a weekend away. The rental contract included a "Act of God" cause. Do to roads blocked by heavy snow we were unable to get to the rental house. Am I legally entitled to a full or part refund ?


Asked on 1/27/10, 2:25 am

3 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

An Act of god normally referrs to one specific event not easily forseeable by the average person and not a general weather condition. You rented a house to take part in snow activity and it was somethng you could anticipate [heavy snows] might occur. You could try to get a partial refund on the basis that the owner did not have to go through the cost of cleaning up after you left.

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Answered on 2/01/10, 5:18 am

It would depend on what the Act of God clause says IS an Act of God and what happens IF an Act of God occurs. If the clause does not specify what an Act of God is, and it says you get a refund, or the contract is cancelled or something to that effect, I think you have a good case that snows so heavy that you could not get to the house for the entire week is an Act of God. When you rent in snow country you have to anticipate that you might be delayed a few hours, overnight or maybe a full day in getting to accomodations, but unless it is in a location that is expected to be closed for extended periods in case of snow (which makes it a pretty lousy place for a snow vacation house) you should not have to anticipate a week without access.

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Answered on 2/01/10, 8:07 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The label applied to a clause in a contract tells us little or nothing about how the clause is to be interpreted. Whether your are entitled to a refund depends upon what appears below the heading. The clause is probably written to protect the owner more than the renter, and further, a snowstorm probably lacks the unforseeability aspect. They are too forseeable. The expresssion "Act of God" has a different meaning in court than it may have in church.

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Answered on 2/01/10, 9:19 am


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