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Old 07-18-2011, 09:30 PM
 
1 posts, read 1,663 times
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I have a one year lease renting a condo. Four months into the lease there was a fire, I had to leave because it was uninhabitable stated in report by dept fire chief report. I spoke to landlord day after fire asked her if she would assisst in relocation till place gets repaired he said no Im on my own. I was on the street had no place to stay. I had to work on getting another place had no idea when repairs would be done. i asked for security back according to law 5 days after fire he said no. Can he keep my deposit if lease says he can fix by 90 days or does law over rule lease 48:6-21-1? please help
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Old 07-18-2011, 09:49 PM
 
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I'm not a lawyer, but unless the law defers to the lease (which 46:8-21.1 does not), the law controls.
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Old 07-19-2011, 04:01 AM
 
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I'm not sure how a fire and the place being declared uninhabitable changes things. I would ask again on a renters forum or legal forum. When you do get a place though, may I suggest renter's insurance? You won't have to worry about living in the streets after a disaster.
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Old 07-19-2011, 08:02 AM
 
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Quote:
Originally Posted by ocnjgirl View Post
I'm not sure how a fire and the place being declared uninhabitable changes things. I would ask again on a renters forum or legal forum. When you do get a place though, may I suggest renter's insurance? You won't have to worry about living in the streets after a disaster.
The fire invalidates the lease because the landlord is no longer providing his end of the bargain an habitable place to live.
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Old 07-19-2011, 08:12 AM
 
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Not according to the law. The landlord has 90 days to fix the issue. The OP should have had renters insurance which would have put him up somewhere until he could move back in.

Quote:
Originally Posted by jdm2008 View Post
The fire invalidates the lease because the landlord is no longer providing his end of the bargain an habitable place to live.
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Old 07-19-2011, 08:13 PM
 
Location: Elsewhere
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How much damage was done? I had a fire once when I was renting, and the place was uninhabitable. I got my security back pretty fast.
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Old 07-19-2011, 08:59 PM
 
10,222 posts, read 19,208,157 times
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Quote:
Originally Posted by JCK7778 View Post
Not according to the law. The landlord has 90 days to fix the issue. The OP should have had renters insurance which would have put him up somewhere until he could move back in.
The landlord has 90 days to fix the issue (if the building was damaged but not destroyed), but he has to refund the security deposit in the meantime. The tenant then pays it back in three payments after the building is repaired. At least, that's how I read 46:8-21.1 (and again, I'm not a lawyer)
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