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Re: Please advise on Tenant Rights during hurricane
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The landlord hasn't seen the property since Friday, power went on over weekend and she visited her apartment twice talking to maintenance man. No dehumidifiers, no air dryers, no removal of drywall, no removal of baseboards. Landlord merely saying "I haven't seen the property but if the maintenance guy says you can enter and live, you can enter and live."

The maintenance man spilled gasoline on floor by accident, he mopped with bleach (this place flooded with sewage above the baseboard, you can SEE the stains on the drywall). Wouldn't they need to remove drywall and/or at least remove baseboards and wipe down?

We suspect they are saying you can move in so they won't have to pay back more ammortized rent? We plan to contact rental broker, insurance company and city - just don't know what contacts in city to call. Will try 211. This just seems like they are trying to get away without cleaning properly - it was sewage - and water - c'mon man, it smells like mold already.....

Posted on: 2012/11/5 14:04
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Re: Please advise on Tenant Rights during hurricane
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Maybe calling 211 can help. Has been set up by state to help with Sandy related questions.

Posted on: 2012/11/3 19:55
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Re: Please advise on Tenant Rights during hurricane
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Posted on: 2012/11/3 3:51
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Re: Please advise on Tenant Rights during hurricane
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She went by today and a maintenance man was cleaning - but there were mud on her floors, they had no dehumidifiers, no fans, one window open so no circulation, they weren't removing drywall or baseboards (it was inches of sewage on floor?). They were mopping and saying she should be back in by tomorrow. It seemed unreal, not appropriate and odd. Now she doesn't know what to do - I told her take photos and contact the city to inquire on what her rights are as far as appropriate cleaning for mold removal etc. Any ideas here?

Posted on: 2012/11/3 2:51
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Re: Please advise on Tenant Rights during hurricane
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If she has renters insurance this should be a non event

She should call up to file a claim and she will be living with costs covered by insurance for the next 30 days in the hyatt or the Westin by tomorrow.

Posted on: 2012/11/2 23:41
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Re: Please advise on Tenant Rights during hurricane
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She has renter's insurance and did her due diligence as a Tenant.

This is in her lease: "FIRE AND OTHER CASUALTY: Immediate notice shall be given by the Tenant to the Landlord of any fire or other casualty which occurs at the Premises. If the Premises is uninhabitable, the Tenant's obligation to pay REnt shall cease until the time that the Premises is restored by the Landlord. If only a part of the Premises is uninhabitable, then the Rent shall be adjusted proportionately. Either party may cancel this Lease if the Premises is so damaged by fire or other casualty that the Premises cannot be repaired within ninety (90) days of the damage causing event. The Landlord's determination in such regard shall be final, conclusive and binding on all parties hereto.

This Lease shall end if the Premises is totally destroyed."

Reviewing her lease the landlord did not check off she was in a flood zone (she is new to the east coast). I suspect it's not a FEMA flood zone and therefore landlord didn't have to check that box.




Posted on: 2012/11/1 14:40
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Re: Please advise on Tenant Rights during hurricane
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Jersey City Library sets legal workshops at branches.
http://www.nj.com/jjournal-news/index ... y_library_sets_legal.html
Also The Mayor's Action Bureau phone number has changed due to Hurricane Sandy havoc. Residents should now call (201) 547-5563. The original number is (201) 547-4900


Posted on: 2012/11/1 13:10
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Re: Please advise on Tenant Rights during hurricane
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You are supposed to rely on your own resources and renters insurance benefits (if you were wise enough to buy it) for the first 30 days. If landlord cannot restore the unit to normal/adequate housing condition within 30 days it is considered a 'constructive eviction' and you can walk away from the lease.

Your personal property inside the unit was/is your responsibility - again a subject for a renters insurance claim if you had it.

Basically if you had no renters insurance and you have no friends in the area, you need to take any offer of temporary shelter that you can get. On November 30th if your apt is still a shambles, send a notice to your landlord that you have been constructively evicted and find a new apartment.

Posted on: 2012/11/1 10:32
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Please advise on Tenant Rights during hurricane
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Inquiring on Tenant Rights in this situation.

Cannot enter building due to sewage/flood damage on first floor rental. Landlord stated won't be permitted to live in unit for 30 hours after power is on (power is not expected to be on in this area for another 3-5 days). Tenant has no family/friends in area and therefore no place to stay other than shelters (which have become a place for the homeless and not particularly safe for a young woman). Employee of tenant is willing to house Tenant for duration of emergency.

What are Tenant rights in this emergency?

Posted on: 2012/11/1 8:18
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