| Flood and Fire Victims' Rights as Tenants |
by: New Orleans Legal Assistance
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| Q. | Can My Landlord Evict Me Because of Flood or Fire Damage? |
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| A. | Generally, you cannot be evicted if you have a written lease and your apartment was only "partially" damaged. Read your lease to see if it allows your landlord to evict for "partial" destruction.
"Total" destruction by flood or fire generally ends the lease and allows your landlord to evict. If you have an oral month-to-month lease, your landlord may cancel your lease by giving you 10 days notice before the end of the rental month.
Of course, if you caused the fire damage, the landlord may evict you. |
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| Q. | What If I Live in Subsidized Housing? |
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| A. | Your landlord can only evict you if the flood 'totally" destroyed your apartment.
If that happened, you can get a new voucher to relocate. |
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| Q. | Do I Have to Pay Rent if Flood or Fire Damage Forced Me to Leave My Apartment? |
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| A. | No, rent is generally not owed for the time you are forced to be out of your apartment due to flood or fire damage and the necessary repairs. |
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| Q. | Can I Cancel My Lease Because of Flood or Fire Damage to My Apartment? |
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| A. | It depends on how badly your apartment was damaged. The law says that a tenant can cancel a lease if the apartment was partially or totally "destroyed."
Damage requiring only minor or short-term repairs (such as replacing the carpet) generally would not give you the right to cancel your lease.
Whether you can cancel your lease depends on the individual facts of your case. You should get legal advice from a lawyer. |
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| Q. | Who Must Repair Property Damaged By Flood or Fire? |
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| A. | The landlord is responsible for the repair of any flood or fire damage to the apartment itself. (Of course, if you caused the fire, he would not be responsible).
Generally, the landlord is not responsible for flood damage to the tenant's personal property. However, he may owe you money for fire damage if his negligence caused the fire.
You may want to buy renter's insurance to protect your personal property from loss due to fires and theft. |
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| Q. | What Can I Do If My Landlord Does Not Make the Repairs? |
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| A. | You can cancel the lease if the apartment is no longer fit to live in or if the damage was substantial. Or you may make the repairs yourself and deduct a reasonable cost from the rent due. Rent withholding may not be used to force repairs.
For more information on how to repair and deduct, see our FAQ, "Repairs--What Can I Do When My Landlord Won't Make Them." |
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| Q. | Can I Get Any Help for Flood Damages or Losses? |
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| A. | A federal agency called "FEMA" may give you rent payments if you suffered a financial hardship as a result of a major disaster declared by the President.
Property damage or loss (not covered by insurance) in a disaster may be deductible on your income tax return. You may have the right to a tax refund.
For more information, see our FAQ on "When Disaster Strikes--Where to Go for Help." |
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| Links: | Federal Emergency Management Agency (FEMA)--Help for Disaster Victims |
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