Landlords Demand Rent For Flooded Homes From Hurricane Harvey Victims

[edpc]

Victims of Hurricane Harvey have spoken out after landlords demanded rent from their flooded, uninhabitable homes.

As they piece their lives back together, buying new furniture and other belongings after replacing those lost and finding alternate accommodation, some have been slapped with fees from landlords, who demand rent for the flooded homes the victims had to flee.

Rocio Fuentes told The Guardian she has been asked for money by her landlord.

She said: "Our landlords say we have to pay rent and late fees and every day it is going up.

"We are paying rent for somewhere we can’t live in. They said ‘you aren’t the only ones in this situation’, but what are we supposed to do? We don’t have any money. We don’t have anything."

Texas property code states that if a property is "totally unusable" due to a disaster then either the landlord or tenant can terminate the lease through written notice.





https://www.yahoo.com/news/landlords-demand-rent-flooded-homes-082310305.html

[bolobaby]

Gonna be a lot of unhappy landlords who get their leases canceled early.

[edpc]

I would tell them to go collect it from the gators living there.

http://wjla.com/news/offbeat/video-texas-family-finds-gator-in-dining-room-after-hurricane

[ABX]

It has only been a week. I suspect there is more to this story, such as trying to collect back-rent.

[Cripplecreek]

It has only been a week. I suspect there is more to this story, such as trying to collect back-rent.

No doubt there are plenty of unscrupulous landlords but you're probably right. Its like wrecking a brand new car, it doesn't mean you don't have to pay for it anymore.

[Wingnut]

It has only been a week. I suspect there is more to this story, such as trying to collect back-rent.

Well Rent is due the 1st of the month.  Late fees usually start on the 5th.   So this is in the time frame. 

[Sanguine]

Texas property code states that if a property is "totally unusable" due to a disaster then either the landlord or tenant can terminate the lease through written notice.

So do it.  It's a pain in the neck in the middle of having one's life turned upside down, but if that's what it takes, just do it.

[Cyber Liberty]

So do it.  It's a pain in the neck in the middle of having one's life turned upside down, but if that's what it takes, just do it.

I envision a short-term cottage industry of drawing up notices to vacate....

[jmyrlefuller]

Its like wrecking a brand new car, it doesn't mean you don't have to pay for it anymore.

It's not like wrecking a brand new car at all. Unless, of course, people who can barely cover rent have somehow managed to conjure category-4 hurricanes.

The tenant never owned the property. The tenant was never responsible for its destruction. They have zero liability here.

[skeeter]

I doubt the banks will let the landlords slide on the payment on their mortgage notes on account of the weather. So either the landlord eats it or he passes down the liability to the renter.

[Bigun]

So do it.  It's a pain in the neck in the middle of having one's life turned upside down, but if that's what it takes, just do it.

Being able to legally walk away from a current lease dose no provide one with a new place to live. It's a real problem no matter how you look at it.

[thackney]

I doubt the banks will let the landlords slide on the payment on their mortgage notes on account of the weather. So either the landlord eats it or he passes down the liability to the renter.

The landlord has the responsibility to provide housing for that rent.  If the property isn't in livable condition, that breaks the contract before the rent payment.  The owner is the one with the risk for the dwelling.  That is why it was income producing.

[Sanguine]

The landlord has the responsibility to provide housing for that rent.  If the property isn't in livable condition, that breaks the contract before the rent payment.  The owner is the one with the risk for the dwelling.  That is why it was income producing.

Yes, just as the livelihoods of the tenants may have been disrupted by the storm, so is that of the owner.

[skeeter]

The landlord has the responsibility to provide housing for that rent.  If the property isn't in livable condition, that breaks the contract before the rent payment.  The owner is the one with the risk for the dwelling.  That is why it was income producing.

That would depend upon the Force Majeure clause agreed upon in the contract, and each contract would be different.

[thackney]

That would depend upon the Force Majeure clause agreed upon in the contract, and each contract would be different.

But there is no way they have a contract that says you have to pay rent if the property cannot be lived in.  And if they did, it would never hold up in a court if they tried to sue for payment.

[Oceander]

It's not like wrecking a brand new car at all. Unless, of course, people who can barely cover rent have somehow managed to conjure category-4 hurricanes.

The tenant never owned the property. The tenant was never responsible for its destruction. They have zero liability here.

Not particularly accurate.  Try reading up on real property law.

[anubias]

Not particularly accurate.  Try reading up on real property law.

The hurricane was in Texas. Texas Law applies.  The renter is not responsible for a natural disaster as they can vacate the lease nor are they responsible for damages caused by the storm.

[endicom]

[thackney]

Sec. 92.054. CASUALTY LOSS.

...b) If after a casualty loss the rental premises are as a practical matter totally unusable for residential purposes and if the casualty loss is not caused by the negligence or fault of the tenant, a member of the tenant's family, or a guest or invitee of the tenant, either the landlord or the tenant may terminate the lease by giving written notice to the other any time before repairs are completed. If the lease is terminated, the tenant is entitled only to a pro rata refund of rent from the date the tenant moves out and to a refund of any security deposit otherwise required by law.

Texas Property Code Chapter 92
Rental Properties
http://texaspropertycode.org/chapter-92-texas-property-code.html#92-052