LANDLORD-TENANT ISSUES

FOR HURRICANE KATRINA VICTIMS

Many landlord tenant issues have arisen after Hurricane Katrina. The answers below are based on our opinion of Louisiana law. If you have a written lease, be sure to check it. Generally, you will be bound by the specific terms of your lease if you have one.

            1)        The apartment I live in was totally destroyed by Hurricane Katrina. What happens to my lease?

            When rental property is totally destroyed, the lease is ended. You are entitled to get your security deposit back. Let the landlord know you consider the lease ended.

            2)        My apartment is in really bad condition due to the storm. Part of the roof fell in, the carpet is ruined due to flooding, and there is mold everywhere. What are my rights?

            If your apartment is partially destroyed, you can either end the lease or ask for a rent reduction. If you want to keep the apartment, you should ask your landlord for a rent reduction while repairs are being made. If the repairs require that you move out while they are done, you do not have to pay rent for that time period.

            3)        What if my landlord will not reduce my rent?

            Your landlord may say that your rent should not be reduced. The landlord and you will probably disagree about the seriousness of the destruction . If you do not pay your full rent, your landlord may try to have you evicted by a court.

            Be careful about how you negotiate with your landlord. Even if you pay your full rent or part of your rent, if your lease is almost over or if you do not have a written lease, your landlord can generally evict you for no cause on very short notice. This notice can be as short as ten days before the next month rent is due.

            After Hurricane Katrina, there are fewer apartments to rent and they usually cost a lot more. You should keep this in mind when you are trying to work out a deal with your landlord.

            4)       My apartment was not destroyed but there was no electricity. Do I have to pay rent?

            If your use of rental property is substantially impaired through no fault of your own, you can also request a rent reduction. In our legal opinion, the loss of electricity

for more than a few days is a “substantial impairment” which prevents you from living in the property. For the time period when utilities are out, you should get a rent reduction.

            5)        My apartment is fine but the water is not safe. Do I still have to pay my rent?

            Yes. In our opinion, a court would not say that a lack of safe water would excuse you from paying your rent.

            6)        My apartment is livable but I could not get back to it due to mandatory evacuation orders and closure of the disaster area. Do I have to pay rent?

            In our opinion, you owe rent. Current law does not allow for a tenant to ask for a rent reduction when a government regulation interferes with the use of rental property. But many landlords have offered some reduction in rent for September 2005.

But you can end your lease as of the date of the disaster and you would not owe rent after that date. Also, the landlord probably can’t evict you until after October 25, 2005 due to a Governor’s order. Your landlord may want to rent your apartment to someone else at a higher rent. So your landlord may have an interest in cutting you some slack on the September 2005 rent even though the law does not seem to require him to do so.

            If you end your lease, you must make arrangements to get your stuff out. If you can’t get back to your house soon, you may want to offer your landlord a storage fee until you can get your stuff.

            7)        Can my landlord throw my stuff out because I have not paid the rent?

            Under Louisiana law, a landlord cannot use self-help to get the apartment back. He has to file a lawsuit to have you evicted by a court. Eviction courts in the disaster zone are not letting landlords file evictions at this time due to a Governor’s order. In our opinion, that order also applies to courts in other parishes. This order is in effect until October 25, 2005 but it could be shortened.

            If a landlord reasonably believes that a tenant has moved out and has abandoned an apartment, he does not have to file an eviction in court.

If you have not paid your rent and you cannot get back to your apartment, you should immediately let your landlord know that you are not abandoning your home. Since communication is difficult, you should try every way possible to let him know of your intent, including sending faxing a letter, calling on a regular phone, cell phone, sending a letter, or an email. If your landlord puts your stuff out without going to court, you may have a claim for damages due to wrongful eviction or conversion (taking) of your property.

            8)        What about my security deposit if I end my lease?

            You should send a letter to your landlord by fax, email, regular mail, and/or certified mail letting your landlord know that you want your deposit refunded.You have to give the landlord at least 30 days to refund your deposit. You must also give him your forwarding address. If he does not give it back or you disagree with his response, you can file a lawsuit in Small Claims Court for the money. If you have to file a lawsuit, you may also be able to get a $200 penalty, interest, court costs, and attorney fees.

            9)        What if my personal property got damaged by the Hurricane?

            The landlord is usually not responsible for damages to your personal property. If you have renter’s insurance, you should file a claim. If you do not have this kind of insurance, you should file a claim with FEMA as soon as possible by calling 1-800-621- 3362.

            10)      My landlord has told me that he is going to raise my rent? Can he do that to me?

            If you have a written lease for a certain amount of rent your landlord cannot raise your rent UNLESS the lease allows for rent increases during the term of the lease. Also check your lease to see if it lets the landlord end your lease by giving 30 days notice. If it does, you may not want to fight the rent increase.

If you do not have a written lease for a specific term, your landlord can raise your rent by giving you at least 10 days written notice before the first day of the next rental period.

A rent increase solely because of Hurricane Katrina may be illegal “price gouging”. If you think that the only reason that your landlord is raising the rent is because he can get more due to the Hurricane, you may want to file a price gouging complaint with the Louisiana Attorney General’s office. You can call 1-800-488-2770 or go to www.ag.state.la.us. It is unclear as to whether residential leasing is covered by price gouging laws.

11)      I had a lease but I don’t want to come back to Louisiana, what will I owe my landlord for rent?

If your apartment was totally or partially destroyed, you have the right to cancel your lease. You should let the landlord know immediately if this is what you want to do. Also, ask for your security deposit by letter.If your property was livabe but subject to mandatory evacuation order, you should also be able to end your lease.

If you don’t have the right to end your lease because of Hurricane Katrina damage, you may owe some of the rent due for the rest of the remaining months on your lease. You could owe rent if the landlord can’t rent your apartment to someone else. Apartments are in great demand in most parishes impacted by the hurricane, so the landlord should be able to rerent the apartment quickly. This means your risk of getting hit for the rest of the rent should be low. Your landlord may want to end your lease so he can rent it for more money. If you do not want to come back, it is best to try to work out a deal with the landlord to mutually end the lease and to ask for your deposit back.

            12)      What if my landlord sells my apartment? What are my rights?

Many landlords are selling their buildings after Katrina. If you have not recorded your lease, the new landlord may be able to evict you on short notice. It could be done as quickly as 5 days for the eviction notice and 5 days for the court trial.

If you are evicted by the new landlord, you may have a damages lawsuit against your former landlord. A landlord can’t get out of his contract with you by selling the building to someone else.

Your claim against your landlord could be significant. For example, if you had a

Lease for $800 per month for 6 more months and you can only find a new apartment for $1,500 per month, your landlord could owe you for the increased rent of $700 per month.

13)      Do I have any special rights to new housing if I lived in an apartment where the government, HUD, or the Housing Authority helped pay part of my rent?

Yes. If you lived in an apartment where the rent was subsidized by HUD or ir you had a housing voucher through a housing authority, you should be eligible for housing through the new Katrina Disaster Housing Assistance Payment Program. You need to register with FEMA at 1-800-621-3362 for this help. You can also call HUD at 1-800-955-2232. You can also apply for this help if you were homeless before Hurricane Katrina.

Disaster Legal Project

Southeast Louisiana Legal Services

720 Travis Street, Shreveport, LA 71101

Website: www.lawhelp.org/LA

 Phone: (318) 222-7186, ext. 243

                Toll-free: 1-877-521-6242

Fax: (318) 221-1901