COMMENT OF THE DAY: DISASTER EVICTION DISASTERS “This just brings into focus how landlord tenant law is totally inefficient when it comes to natural disasters. When a landlord cannot repair the leasehold in a timely manner, they have no choice but to terminate the leases. While it certainly makes sense that you would want to free people from having to pay rent on a residence that was not habitable, the unintended consequence is that people are uprooted from their community and scattered about the city with little chance of returning to their homes. Likewise, landlords are forced to empty out their premises and pray that they will be able to fill up their building once renovations are completed. Why not give the landlord the option to obtain temporary housing for tenants and keep the lease in place. When repairs are complete, the tenants can move back in without worrying about breaking a lease and do not have to compete with other tenants for space. Tenants could keep their address, which is very helpful for getting credit.” [Old School, commenting on Residents of 2100 Memorial Senior Highrise Now Have 5 Days To Move Out of Their ‘Uninhabitable’ Apartments] Photo of fire-safety warning sticker at 2100 Memorial: Swamplot inbox
There is nothing to prevent that from happening today under mutual agreement between the tenant and landlord. I don’t think you would want to force someone who just got flooded out of their home to accept whatever the landlord offered as an alternative. There is often no such thing as an equal option for alternative housing. In an ideal world it would happen like you said, I just don’t think it belongs in a lease, due to the uncertainty of availability of comparable housing.
There is nothing to stop a landlord and tenant from doing what you propose.
I’m with the others here. Why make it a law? I am aware of one landlord in Ft. Bend County who is doing something similar. They’re letting the tenants keep their addresses, and will give them first shot at moving back in. They are being charged a token $10 a month rent (this keeps a landlord-tenant covenant in place, insurance continued, etc.), but the landlord is reimbursing them most of the utility bills (which are staying in the tenants’ name). When the places are habitable, the tenants can move back and finish the lease, or terminate the lease. Every single tenant has indicated they intend to stay.