Sunday, 6 July 2014

Residental RE question (Casualty / No Lease): My aunt rents a house in Long Beach, NY. The hurricane hit that area hard. She is staying with...

Question

Residental RE question (Casualty / No Lease): My aunt rents a house in Long Beach, NY. The hurricane hit that area hard. She is staying with my mom. The city will not allow her back to her home and the area has no water or sewer. She signed a lease that expired 17 years ago and has not had another lease since.

Does she have to pay her rent?



Answer

OMG no. The house is not habitable. She can't sue for the eviction, but she has been "constructively evicted." No rent is payable, and the lease is over.



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