Emergencies : Know Your Renting Rights

 When you are renting an apartment, home or room and it has been damaged because of a natural disaster, it is important that you know your rights. Read your lease carefully to find out what you need to do about the damages, terminating the lease and securing temporary housing. Your landlord has a legal obligation to provide you with decent, livable housing and make any repairs to your unit.

Who is responsible for repairs?
Your landlord must repair the rental premises as quickly as possible. However, for that to happen, you must cooperate with the landlord’s requests.

Must I pay rent during the repair process?
If the place you are renting is damaged to the point that it is unsafe for you to live in, you don’t have to continue living there and paying rent. The Federal Emergency Management Agency (FEMA) can help you determine whether your home is unsafe or unfit to live in. 

How do I cancel a lease if my home has been destroyed?
To cancel a long-term lease if your home has been damaged, certain conditions must be met:

• The cost to repair the damage must be more than the total of one year’s rent
• The destruction or damage didn’t occur because of you
• Your lease does not cover how repairs will be made
• You notify your landlord in writing within 10 days of the damage that you are canceling your lease.
• You have paid your landlord all back rent
• Your lease does not say that you can’t cancel due to natural disasters
• Your landlord has failed to fix the home within a reasonable time

Can I get a refund for my rent if my home is damaged?
If you can’t live in the house or apartment, the landlord may be required to return some of the rent that you have already paid.

What about my personal property?
The landlord is not responsible for the damage or loss of your personal property, because he or she had no control over a fire or natural disaster. It’s important that you have renter’s insurance to cover whatever is lost.