Can a landlord demand rent if tenant can’t stay after a natural disaster?

Q: My sister lease san apartment in an area hit by a natural disaster andwas forced to evacuate. Nowshe cannot return to her apartment due to damaged roads and is temporarily renting elsewhere. Her land lord is unwilling towork withher and is demanding rent eventhough it is impossible to use the apartment. What can she do?— Colleen

A: The law in most states provides that, at a minimum, 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.

Alease 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 fromthe evacuation.

I hope your sister purchased renters insurance and canmake a claim. Renters insurance is usually reasonably priced and canmake 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 that every tenant get renters insurance.

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

While I can understand that her landlord might need the money to pay the mortgage on the home or other reasons, people should try their best towork with each other whena disaster hits.

If the landlord attempts to evict your sister for non-payment, 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.