Legal Question in Real Estate Law in Indiana

Lease validity after natural disaster

My apartment complex was damaged in a tornado last friday. My building had the least amount of damage, but still significant amount. Am I still held to my lease? Does the apartment complex have to pay me or provide a discount for the days/weeks I will be unable to live there?


Asked on 9/24/02, 10:14 am

2 Answers from Attorneys

John Bator Bator Redman & Shive

Re: Lease validity after natural disaster

What does your lease say? Generally, you should be able to break your lease and get a rebate, but oyur lease should have very specific language on what happens when it is impossible to perform under the lease. Review the lease and email me with the details if you want a more detailed opinion.

Sorry for your loss-glad you werent there!!

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Answered on 9/24/02, 1:50 pm
Mary Ann Wunder Wunder & Wunder

Re: Lease validity after natural disaster

If the apartment is uninhabitable due to the damage, you have the right to leave immediately. Your lease might have a specific provision that deals with damage and/or destruction and termination of the lease. Generally, you should be able to treat the lease as terminated but you should check with management about whether they have alternative places for you to live until repairs are made. Generally, you cannot expect the landlord to pay you for the time you cannot live there, your renter's insurance should pay relocation costs. If you move out be sure to provide a forwarding address in writing to management.

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Answered on 9/24/02, 1:51 pm


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