From what I have read online, the local laws don鈥檛 have a set standard for tenants rights but largely go off of what is stipulated in the lease. I also understand that evictions are required to go through a court, and that personal evictions are illegitimate and illegal. The misappropriation of the USDA for the purpose of intimidation also seems wildly illegal and/or unethical. I also read that in the case of personal eviction, the tenant may be entitled to have the owner pay for court costs.
I'm wondering a few things:
1. Am I understanding the law accurately?
2. Are serious damages to the house from a hurricane treated differently than the basic repairs stipulated in the lease agreement?
3. If we are able to prove it, does the fact that he collected insurance money but didn鈥檛 use it for the house make any difference in this case?
4. Does the personal eviction attempt (rather than a court ordered eviction) help our case and/or entitle us to suing for court costs?
5. Just in general, what should we do? I鈥檓 encouraging him to consult with an attorney but any information is welcome and appreciated.
First, a disclaimer.听 I'm not a lawyer, but I've got more than a layman's knowledge of the law.听 I'm also a landlord, so I've got some experience here as well.听 Let me get the two basic pieces of advice out of the way.听 To question #5, the answer is pay the $400.听 It's the easiest, quickest, simplest and cheapest way out of this.听 Legal fees and time spent will amount to much more than $400.听 If however you insist on retaining a lawyer, the best reference for lawyers and their specialties is .听
To your specific questions, once again, not a lawyer and not experienced in Puerto Rico law.听 However, based on my experience as landlord and as a successful litigant in landlord/tenant matters, I'd suggest the following responses:
1.听 Yes, your understanding appears to be correct, or at least this seems a common legal approach to landlord/tenant relations.听 Quite simply your lease is a contract, and the court will enforce the terms of the contract.
2.听 Generally yes.听 Such events are often considered "Acts of God or Nature" and the result of these events is not covered by the ordinary terms of the lease.听 Here's the relevant language from a lease I use, based on Virginia law:
12.听 聽 DAMAGE TO PREMISES.听 In the event the Premises are destroyed or rendered wholly uninhabitable by fire, storm, earthquake, or other casualty not caused by the negligence of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder.听 The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date.听 Should a portion of the Premises thereby be rendered uninhabitable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease.听 In the event that Landlord exercises its right to repair such uninhabitable portion, the rental shall abate in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms.
In short, Acts of God render the lease void at no fault to either party.听
3.听 No.
4. Don't really know what you mean by a "personal eviction attempt".听 Under Virginia law, if the tenant is in violation of the lease, the Landlord must inform the tenant of the violation, and give the tenant time (no fewer than 5 days) to remedy the violation.听 If the violation continues, the Landlord may inform the tenant that the full terms of the lease are due (all rent until the end of the lease) and that the tenant must vacate within 5 days.听 Should the tenant dispute the violation or refuse to vacate, the Landlord may seek a judgment and order of eviction from the court.
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