Renters’ Rights After Disaster
Disasters can make it difficult to continue life as usual in your rented property. Luckily, you have rights in this situation that protect you.
What To Do If Your Rented Property Was Damaged
If your rented property was damaged in the disaster, you should first check your lease to see if anything is written about what happens in this situation. If you don’t have a copy of your lease, ask your landlord. Even if you have an informal lease (i.e. an oral agreement), your landlord still has legal responsibilities regarding repairs.
You should immediately tell your landlord about the damage and mail them a written repair request by certified mail or another service that tracks delivery. Be sure to ask how long repairs will take and to pay your rent before making your repair request. Even if you have a pending application with FEMA, this doesn’t mean you can choose not to pay your rent.
The Small Business Administration also provides low-interest disaster loans for repairs and replacements. Learn more here.
Unusable vs. Partially Unusable Properties
unusable properties can’t be inhabited in their current conditions.
You may either terminate your lease or ask for a rent reduction or suspension.
To terminate your lease, you or your landlord should give a written notice anytime before repairs are finished. A few things to note:
You will still be responsible for pro-rated rent up until you move and for any other charges you owe.
You should make a dated, written request for your security deposit and include a forwarding address. If there are damages to your property not caused by the disaster, your landlord can withhold some or all of your deposit. If this happens, your landlord still needs to give you a written, itemized list of the repairs and their cost.
If your utilities are separate from your lease, call the company to shut them off. Give a forwarding address for your utility deposit refund. You are responsible for utility costs until they are shut off.
If your landlord terminates your lease and you do not want to leave, they must still go through a formal eviction process before they can kick you out.
Unless your lease specifically allows it, you can only get a rent reduction if your landlord doesn’t make the repairs you requested and you then sue them. If you live in public housing, you can get a rent reduction if the housing authority doesn’t repair your property in a reasonable time. Regardless, be sure to get everything in writing.
partially unusable properties can still be lived in while repairs are made.
As long as you live at the property, you must keep paying rent according to your lease. If the property was insured, your landlord doesn’t have to start repairs until they receive money from the insurance company.
You can ask your landlord to reduce your rent because you aren’t getting to use the space’s full amenities. This could include common areas like walkways, pools, parking, and laundry rooms. If your landlord agrees to a rent reduction, get a written, signed agreement. If you can’t agree on a rent reduction and the lease doesn’t prohibit rent reductions, you can sue your landlord to get a court order for reduced rent. This should be done with the help of an attorney.
Personal Belongings
Your landlord isn’t responsible for loss or damage to your personal belongings. You should contact your renter’s insurance agency if you have one. You may also be able to get FEMA disaster assistance to replace damaged personal property.