Is the tenant responsible for damages caused by a natural disaster to rental property if no rental contract has been signed and/or notarized?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is the tenant responsible for damages caused by a natural disaster to rental property if no rental contract has been signed and/or notarized?
About 1 1/2 years ago, I entered into a verbal contract with a landowner to rent property as long as I pay the mortgage to the mortgage company. Then 7 months ago I stopped working due to health issues and was not able to pay the mortgage. I lost my income taxes to student loans. About 2 months ago I received partial income tax. I paid the landlords daughter $800 and made my regular payment. I have told the landlord on many occasions that the roof needed repaired. Then 2 weeks ago, during a bad storm the roof was damaged. I called the daughter today I am being threatened with eviction.
Asked on July 6, 2012 under Real Estate Law, West Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You cannot be evicted for causing property damage if you were not responsible for the damage--i.e. it was due to an "act of god," like a storm. However:
1) If the premises is not habitable due to damage, the landlord could terminate the lease without penalty to either you or him/her: when a contract (like a lease) become impossible, it can be terminated at that point. A leasee is impossible if the premises was damaged too much by a storm or natural disaster to safely rent.
2) If there is only an oral (or verbal) agreement, your tenancy is a month to month tenancy and the landlord could provide you thirty (30) days notice terminating your tenancy, then evict you if you hold over past that.
3) If you are in arrears on the rent (the mortgage payments) you owe, even if you've paid one or more of the recent payments, you could be evicted for nonpayment of rent. So if you're not fully up to date on all amounts you owe, you could be evicted.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.