Does the owner of a rental property have to reimburse renters if they forced to evacuate due to a hurricane?

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Does the owner of a rental property have to reimburse renters if they forced to evacuate due to a hurricane?

I recently rented a house in Atlantic City, NJ. On that Friday we were “asked” by police to evacuate the property. The owners are refusing to return my money for Friday and Saturday night. I remember the governor stating that you cannot profit from this disaster. I feel that is exactly what they are doing. There is nothing in the contract regarding state of emergency and forced evacuations. I thought they could submit to their insurance for lost revenue but they say no. Do I have any legal rights here?

Asked on September 6, 2011 under Real Estate Law, New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Unless the written lease states some rebate for acts of nature, your landlord does not any obligation to reimburse renters for having to evacuate a rental due to a hurricane. Such events are deemed unforeseen events that are well beyind the control of the landlord. As such, your landlord has no obligation to you to reimburse you for any expenses resulting from the hurricane.

The issue of not being able to profit from the disaster stems from people hiking up prices for staples solely because of the upcoming hurricane.

Most property owners do not have insurance policies covering for lost profits of their rentals. The typical insurance policy for a rental pertains to physical damage to the rented unit.


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