Legal Question in Real Estate Law in Virginia
My rental property suffered flooding damage during a hurricane that occurred seven weeks ago. The repair work will be finished tomorrow. I've had to dry the floor and walls, replace plaster and drywall, replace carpeting and vinyl flooring, replace kitchen cabinets and counter top, and replace some appliances at a cost of over $13,000. The tenants moved their belongings upstairs during the repair work and are supposedly living with friends. The tenants received free rent during the last month but are now threatening to sue if they don't receive rent credit for the first three weeks after the flood. I feel it would be fair to split the cost of the first three weeks, since the flood wasn't the tenants' fault but nor was it mine. Even if the tenants weren't living in the house, they still had the benefit of using the house for storage. Suggestions?
1 Answer from Attorneys
So, what are the actual (provable) damages incurred by these tenants during these three weeks after the flood when they supposedly were living with friends?
If none can be credibly offered, then your suggestion to split the cost involved in
these first three weeks seems reasonable to me. However, if they can show provable damages, then this amount should also be discountable in your favor for the value of the storage space which they used for their belongings during this period.
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