DO RENTERS HAVE RIGHTS AFTER A DISASTER?

Q: My sister leases an apartment in an area hit by a natural disaster and was forced to evacuate. Now she cannot return to her apartment due to damaged roads and is temporarily renting elsewhere. Her landlord is unwilling to work with her and is demanding rent even though it is impossible to use the apartment. What can she do? — Colleen

A: The lawin most states provides that, at aminimum, when a property is damaged or destroyed by a disaster, the tenant can terminate the lease and find a new place to live.

If the home is only partially damaged, but the rest is still habitable, the rent will be reduced.

A lease can give tenants more rights than the statutory minimum, so every tenant should carefully review its terms. In your sister’s situation, the apartment is not damaged, just her ability to get back to it from the evacuation.

I hope your sister purchased renters insurance and can make a claim. Renters insurance is usually reasonably priced and can make a big difference when a tenant finds themselves in an unexpected situation.

Fires, break-ins, storms and other calamities are rare but are easier to bounce back from if properly insured. I recommend every tenant get renters insurance.

She also should see if there is any assistance available from governmental programs, such as those FEMA offers, or charities providing disaster relief.

If the landlord attempts to evict your sister for nonpayment, she should speak with an attorney or her local legal aid society.

The law provides several possible defenses that might help her, depending on the specifics and where she lives