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Am I responsible to pay rent after apt flooded and had to move out. Continue to have no power, no heat etc?

Seaford, NY |

Oct 29, 2012. NY storm "Sandy" left 3 inches of salt water in apt. Had to rip out all wall to wall rugs b/c saturated (smell, mold, etc). Did work myself with landlord permission. Moved out 10-29, left some furniture until repairs made. Drywall soaked up water approximately 3 or 4 ft above floor, so needs replacement. Still no electric or heat in apt.(or entire neighborhood). Landlord demands rent for Nov even though I'm unable to live there. No flood insurance. Am I liable for rent payment?

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Attorney answers 1


No, you are not required to pay rent. The storm has resulted in a constructive eviction since the premises are no longer safe or inhabitable and there is no heat, hot water or electric. Send your landlord a letter stating that the premises are uninhabitable due to the storm and stating the extent of the damages and no power or heat. Document the damages with photos etc. and request to break the lease if you have one and a return of your security deposit if any. Then find a new place to live.

Good luck.

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Thanks so much, he's not going to be a happy camper!