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Re:Landlords demand rent on flooded Houston homes by nindalf on Tuesday September 05, 2017 @04:42AM (#15173448)
The other dude is crazy because no reasonable person would call for jail time in such a case. However, I also do not support a landlord asking for rent in a place that isn't fit for human habitation. A good contract, in my opinion, would stipulate that the landlord loses the rent on a pro rated basis till they fix the place up. I sympathize with their mortgage obligations, but I'm sure that's an added incentive to get the place in shape quickly.
Re:Landlords demand rent on flooded Houston homes by bonesss on Tuesday September 05, 2017 @05:46AM (#15173725)
> A good contract, in my opinion, would stipulate that the landlord loses the rent on a pro rated basis till they fix the place up.

So something like:

> ...if a rental premises is “totally unusable” due to an external disaster then either the landlord or tenant can terminate the lease through written notice. But if the property is “partially unusable” because of a disaster, a tenant may only get a reduction in rent determined by a county or district court.

...? Because that's the current situation under the Texas property code according to the article.

Where it will get tricky is the legal distinctions of what usable means in this context. An apartment that is fine but has no working plumbing or power? A house that's fine except for the floors and carpets? Are the tenants storing things there? Can the property owner exercise their ownership rights by having parties or renting the place to the red cross or by kicking off a renovation?

These issues impact both sides of the agreement... Paying money secures rights for tenants/leasers. For every sad story about someone who can't pay their rent right now I bet we could put together bad legislation to make a hundred sad stories about people who lost their rentals and property because of market conditions favored them being kicked out during a flooding episode.

Re:Landlords demand rent on flooded Houston homes by EADGBE on Tuesday September 05, 2017 @10:11AM (#15175336)
Renter's insurance (which can be mandated by landlord, and in some states, is required outright), solves a majority of these posed problems.
Re:Landlords demand rent on flooded Houston homes by bonesss on Wednesday September 06, 2017 @03:20AM (#15181798)
Renters insurance continues the payments on the property, maintaining their legal claims in the event of disasters, which was the suggestion I was responding to: that renters not have to pay _anything_ in situations like this.

Floods and other natural disasters tend to sneak past most common insurance coverage...

Regardless, the underlying demands for payment, and to what extent, as posited by OP and detailed by the local laws, are not addressed by insurance alone.

Re:Landlords demand rent on flooded Houston homes by VeronicaJJ123 on Thursday September 07, 2017 @07:57AM (#15190957)
> A good contract, in my opinion, would stipulate that the landlord loses the rent on a pro rated basis till they fix the place up. I sympathize with their mortgage obligations, but I'm sure that's an added incentive to get the place in shape quickly.

Perfectly reasonable in my opinion. In fact my rental agreement has a similar clause which gives tenant 30 days to vacate and find another place OR I can provide 30 days of another accommodation for "Free" and then fix the place in those 30 days.

Both landlords and tenants are perfectly normal human beings with compassion and all that. They are not evil people. I was only triggered by "arrest these people" comments which in my opinion do not belong on a civilized forum like HN.