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Copperlaw
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By the flooding, the tenant is evacuated during 3 weeks. And

Resolved Question:

By the flooding, the tenant is evacuated during 3 weeks. And he called me not to pay the tenant fee for the time of evacuation.

Plesae tell me if it is legal.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Fran-mod replied 1 year ago.

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Customer: replied 1 year ago.

Yes, I am still waiting.


 


By the Alberta flooding, the tenant is evacuated during 3 weeks.


 


And he didn't want to pay the rental fee for condo for next month becasue he could't stay most of time during this month in the condo.


 


Please inform if he can reject to pay the rent fee for some reason of


natural disaster.


 


If he doen't pay it, please tell me how I can get it.


 


 


 

Expert:  Fran-mod replied 1 year ago.

Thank you. We will continue to look for a professional to assist you. Please let me know if I can be of any further assistance while you wait.
Expert:  Copperlaw replied 1 year ago.

Hi There

 

I have been following the situation in Alberta and I feel horrible that all of you are having to deal with this.

 

This is not the first question of this nature that I have seen and it is a very fair question, from either a landlord like yourself, or the tenants.

 

In this case, the circumstances, beyond the control of either yourself or the tenant, has prevented your rental property from being habitable for a period of time. Accordingly, the rental agreement becomes frustrated, as you are no longer able, for the time being, to fulfill your end of the agreement, in that you are obligated by contract to provide a rental dwelling to this tenant.

 

In the case of high density rental units, such as high rise apartments, the landlords are able to move the tenant into a new unit in the building if their unit becomes uninhabitable for whatever reason. By doing so, the agreement is not frustrated and can be fulfilled, and the obligations on both sides continue.

 

At this time however, you are not able to uphold your end of the agreement, unless you had another unit for them to occupy temporarily and the tenant must find alternate accommodations at present. Accordingly, the courts would not expect them to pay for your rental unit, during a time that it is not available, through no fault of either you or the tenant.

 

Most policies of insurance carried by landlords on their rental properties will also cover any loss of rental income as a result of situations such as this. I would suggest that you contact your insurer and determine if you have such coverage. If the unit is covered for the damages that have occurred, and the insurer is aware it is a rental property, then you should have coverage for loss of use.

 

This is similar to the provisions which would see you reimbursed for having to seek temporary hotel accommodations if your own residence were damaged by fire, flooding etc.

 

The only loophole through which you may still be able to receive the rent payment, is if the tenant has their own separate policy of insurance on the rental property, outside of the typical "content insurance" which covers them for their living expenses while not able to occupy the rental property. If they were being reimbursed and were not out of pocket, it is could be reasonable to ask for payment of the rent. However if your insurer were to reimburse you for the lost income, it would be improper and potentially fraudulent if you were to try to "double-dip" and profit by being paid both by the tenant and the insurer.

 

Please let me know if you have any further questions or require clarification as I am happy to continue discussing this.

 

Customer: replied 1 year ago.

Thanks,


 


The condo insurance can not covered the expense of the accomodation during evacuation.


 


However the goverment gave some pre-ordered debit card which can afford the tenant's expense of the accomodation during evacuation.


 


In the case, the landlord can ask the rent fee for the time of evacuation


even though the tenant doesn't want pay the rent fee.

Expert:  Copperlaw replied 1 year ago.
Any government assistance would be different than compensation from an insurer. I expect that government compensation will go towards living expenses, accommodations, food etc. This would not necessarily offset their loss and make them whole as some insurers do.

Since the rental contract cannot be completed during this time, since the accommodations cannot be provided, the obligation to pay rent would not be upheld either.

The only recourse as a landlord would be to seek compensation through your insurance company. This would be no different than a fire, tornado, or structural issue making the rented premise uninhabitable.

If it cannot be lived in, through no fault of the renter, they cannot be expected to pay rent under the agreement as it cannot be satisfied due to the house being uninhabitable.
Copperlaw, Lawyer
Category: Canada Law
Satisfied Customers: 1370
Experience: Retired cop. Now a Lawyer. Drug expert, breath tech, negotiator, traffic specialist. Criminal, Family, Civil and more.
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