Legal Question in Landlord & Tenant Law in New Jersey
As a landlord , do I have to rebate my tenants rent because they had no power for 2 weeks after hurricane Sandy, orthat they were evacuated for several days prior to and during storm?
3 Answers from Attorneys
There is no answer to your question. Different judges are ruling differently throughout the state.
Generally speaking, no. Most leases exempt the LL from acts of God, which Sandy was.
As with many tenancy issues, a lot depends on how your lease is worded. In a well drafted lease, even when the tentant is provided utilty service, the landlord's obligation is only to "pay for" the service. So, if the tenant is responsible for the electricity or if the landlord pays for it, there is no reason for a rent abatement. However, if the lease says that the landlord shall "provide" utility service, then the tenant may have an argument that rent should be abated. Most leases would cover the landlord adequately.
See also: http://info.corbettlaw.net/lawguru.htm
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
