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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 17485
Experience:  B.A.; M.B.A.; J.D.
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Just was informed today that my apartment has flooded. I do

Customer Question

Just was informed today that my apartment has flooded. I do not have renters insurance. The flooding occurred in the apartment above me and damaged 80% of my property. It will take thirty days to repair the apartment. My questions are:
After the apartment is repaired, can my landlord take the apartment back and break my lease.
2) Can I sue my neighbor that caused the flood and damaged and inconvenienced me?
3). Am I required to continue to pay rent even though I will have to seek other accommodations during the thirty days of repairing/restoring my apartment.
Submitted: 7 months ago.
Category: Landlord-Tenant
Expert:  Phillips Esq. replied 7 months ago.
After the apartment is repaired, can my landlord take the apartment back and break my lease. Response 1: Yes, the Landlord can if you both the Tenant and the Landlord agree to terminate the lease. 2) Can I sue my neighbor that caused the flood and damaged and inconvenienced me? Response 2: It depends on the cause of the flood. If due to Tenant's negligence, you can sue the Tenant. Otherwise, you would look to the Landlord for relief. 3). Am I required to continue to pay rent even though I will have to seek other accommodations during the thirty days of repairing/restoring my apartment. Response 3: If you are required to temporarily relocate at your own expense, then you can deduct the expenses from your rent. However, you need to give a written notice of your intention to the Landlord. You cannot be expected to pay rent for an apartment that you had to vacate due to the flood in other apartment. Kindly give a positive rating to my post so that I can receive credit for answering your question—so that part of the deposit that you already paid to the site can be transferred to me. You are not charged extra for doing this. Thank you for your cooperation.

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