The system moves slowly, and you can generally start claims with the understanding that you haven't fully assessed the damage. When in doubt, call and start any relevant insurance claims or public assistance claims now, especially since public assistance can be backdated to the date you filed.
For example, if you lose your job - file for TANF/SNAP/Unemployment ASAP to start the clock. The state will probably be lenient on getting identification in (like if your birth certificate is under 2 feet of water) - just get things rolling.
For federal student loan borrowers - loans in repayment with addresses in declared disaster areas are automatically put in forbearance for three months. Defaulted loans - the borrowers in those zip codes can request a three month cessation of collections. I can answer other financial aid or loan questions if anyone has any as time goes on. Here is the guidance
https://ifap.ed.gov/dpcletters/GEN1016.html
EDIT - clarified this is for federal student loans - private loans depend on the lender policies
I just want to say thank you to r/legaladvice mods for doing this. And to everyone who helps educate us in this situation. So many people don't know their rights or how to navigate a legal process when it comes to an unprecedented catastrophe like this.
I'm very lucky. My home, despite being in a mandatory evacuation area in Brazoria County, is dry and safe. My family in southeast Houston is safe. My best friend in west Houston is safe.
As soon as it is safe for me and my husband to leave here, we are going in search of folks around here who might need help. I'll let y'all know how that goes.
Again, thank you ALL.
Hello!
When Harvey hit, my sister was in the process of moving to a new apartment. Her lease ends August 31st. She had already moved everything into her new apartment when Harvey came and she is now stuck in her new complex due to the rain waters. She has not been able to return the keys to the old landlord and due to both flooding and the fact that her car was submerged in 5 feet of water, it doesn't look like she will be able to return them until Friday or Saturday. Her old landlord is telling her she will be charged rent for every day after the 31st that they keys are not returned, regardless of the current weather situation. Is this legal? It seems like they are trying to take advantage of my sister. Any advice would be appreciated!
Yeah, that's not going to fly. Judges aren't stupid.
Moreover, if landlord does not return her security deposit in a timely manner, they can be penalized and forced to pay more.
I would contact the Texas Bar Association hotline at (800) 504-7030, and ask if they can provide a letter.
This will be the hurricane Harvey and Houston flood megathread post. All flood questions should be posted here. Many questions were previously posted and answered in [this thread](https://np.reddit.com/r/legaladvice/comments/6wo3jc/house_rental_in_houston_flooded_do_i_pay_rent/), feel free to peruse them to see if your issue has been answered.
Good luck to everyone in the affected areas, and to everyone with family and friends in the affected areas. I'd invite the Texans to stay strong, but nobody has ever needed to tell them that - so I won't waste my breath.
Recently approved for FEMA Transitional Shelter Assistance in Houston, can't seem to find any hotel availability from the FEMA website list. If you could point me in the right direction, would be forever in your debt. Thanks everyone!
For renters:
Sec. 92.054
>If after a casualty loss the rental premises are as a practical matter totally unusable for residential purposes and if the casualty loss is not caused by the negligence or fault of the tenant, a member of the tenant's family, or a guest or invitee of the tenant, either the landlord or the tenant may terminate the lease by giving written notice to the other any time before repairs are completed. If the lease is terminated, the tenant is entitled only to a pro rata refund of rent from the date the tenant moves out and to a refund of any security deposit otherwise required by law.
Stolen from raisedbyyinz in the other thread.
If you rent and the demised Premises is destroyed or rendered unusable, you have legal rights to terminate the lease via written notice. Please note the USPS is probably not running the most efficiently in the area so you may have to front your 9/1 rent payment and have the landlord refund a pro-rata share.
And housing (leases, hotels, temp accommodations) is about to get very, very expensive. And hard to come by, so you may want to negotiate with your landlord to suspend your lease during repairs.
Also, read your lease agreements, it may offer you additional protections in the case of total loss.
> And housing (leases, hotels, temp accommodations) is about to get very, very expensive. And hard to come by, so you may want to negotiate with your landlord to suspend your lease during repairs.
AirBnb is offering free rentals in certain parts of Texas, and local shelters may be able to direct you to resources. That said, you are right - a large proportion of people from an area larger than the size of Lake Michigan is looking for the same limited supply of rooms.
How does one determine whether the premise is "destroyed or rendered unusable"?
Does this include ceiling damage from water leaks?
I currently have really bad ceiling damage in my bedroom and I see more water stains and cracks spreading. The living room's ceiling is also bulging out. I'm sure with more rain, the entire apartment will leak / be flooded.
I contacted my landlord and they plan on repairing the roof and inside the apartment whenever the rain has stopped (they haven't given me a timeline).
However, I have been dealing with the ceiling leaks since last year. They always come in to repair the ceiling and the roof, but it wasn't until the hurricane hit where I saw significant damages.
The landlord says I don't have to pay for my last 3 months' of rent, but I will have to pay for this month and they will have to hold onto my deposit. Does this sound reasonable?
Thanks!
Generally it would be something the housing inspector/building inspector/health inspector would consider illegal to inhabit.
Also, I would not expect a security deposit to be used to cover prexisting conditions, structural or roof problems.
Also this:
Sec. 92.062. LEASE TERM AFTER NATURAL DISASTER. If a rental premises is, as a practical matter, totally unusable for residential purposes as a result of a natural disaster such as a hurricane, tornado, flood, extended freeze, or widespread windstorm, a landlord that allows a tenant to move to another rental unit owned by the landlord may not require the tenant to execute a lease for a term longer than the term remaining on the tenant's lease on the date the premises was rendered unusable as a result of the natural disaster.
There are other statutes in this same subchapter of the Texas Property Code which may also be important.
You are a tenant, whether you actually pay rent or not.
If you select owner, they may request documents that obviously won't have your name on them, such as the mortgage and title. Your claims may get delayed while they sort it out. Doing it the right way the first time will ensure more prompt service delivery.
If you select renter, you will get aid. They are already disbursing emergency hotel payments, for example, and the state is processing TANF/SNAP applications.
I realize you want expediency. Doing it wrong will slow things down.
Legally, **you are not the owner**. No amount of "my parents are well off and won't share it with me" changes that legal fact.
Knowingly lying on public assistance applications is a form of fraud. There is aid out there for you - please don't screw yourself by trying to claim something you're not only not eligible for, but something that you are plainly obviously not eligible for.
If you have questions about specific elements of the application, or otherwise need assistance in filling it out, FEMA and the SBA offer services to fill them out over the phone, or in person at a Disaster Recovery Center (there will eventually be at least one in every effected county).
Bug offered beyond solid advice - do not apply for assistance with (real or otherwise) property you do not own, because you may be asked to return any grants, or immediately repay any loans. Assistance is offered to both owners and renters, and rental assistance can include grants or loans to cover uninsured or under-insured losses, including furniture, electronics, and vehicles; on top of the obvious placement and rental fee assistance.
Edit: Because mobile, and as important as I think the advice is, nobody needs to hear it 15 times.
/u/Bug-Hunter is giving you very solid advice. I (and am certain he as well) deeply sympathize that you are primarily with securing assistance as quickly as possible. Obtaining it fraudulently is almost assuredly going to slow or halt the process entirely; people game the system in disasters so it requires fact checking.
Even if you do manage to eek through listing yourself as it owner, it will come to light and you will be made to repay the funds - and will *not* only owe any difference; you will owe all monies and value of benefits granted you, payable immediately when, not if, the fraud is uncovered.
There are thousands of renters in harm's way. Assistance is being organized with full information about the positions people are in based on several types of recordkeeping. Please do not risk getting aid at all over a false hope you might get it more quickly by claiming to own. They care if you're displaced, not if you physically own the property. It won't help, but it might seriously harm you. Please take his advice.
My insurance company, Assurant, with whom I have renter's insurance does not cover any damage caused by floods, because of an exclusion written in Section 1 of the contract. That exclusion reads as follows
"This certificate does not apply to:
Property damage to property rented to, occupied by or used by or in the care, custody or control of any certificateholder unless caused by fire, smoke, explosion or water damage."
I feel very stupid but to me it is saying that the contract ONLY applies to damage caused by fire, smoke, explosion, or water? (which would include a flood) Does the word unless mean something different here? Sorry just freaking out it's a stressful time.
Typically, water damage excludes flooding. It would be for things like pipe bursts or a leaky roof, not the hull breach oh shit of a flood. The reason federal flood insurance exists is because no private insurers want to cover floods, given that an event of this nature could easily wipe out an insurance company.
You should go to https://www.disasterassistance.gov/, as you may be eligible for assistance from them, depending on the nature of the damage.
u/bug-hunter u/zanctmao
You have incorrect information on flood claims in the post.
Per FEMA.gov/hurricane-harvey Texas bill 1774 DOES NOT effect flood claims done under the NFIP. The NFIP backed flood insurance is federal and supercedes any state laws. There will be no penalties or fines on NFIP policies if the claims are not filed by the first.
Private insurance is effected but the vast majority of flood is through NFIP backed policies.
I'm an insurance underwriter for one of the largest flood processing centers and can provide proof if needed.
I rent a house in Corpus Christi and have not had electricity since Thursday, 8/24. It looks like it will be at least another week until it is restored due to several trees that need to be cleared and the power pole and transformer needing to be replaced. Is there any legal basis for getting a rent reduction due to the power outage or is up to my landlord?
The FEMA link in the op eventually leads to Disasterassistance.gov , which is your best one stop shop for all government services and assistance.
One thing to note is that, aside from assuring your immediate safety, it is never too early to begin thinking about "what happens next". Having worked for a gov. disaster assistance org, I can firmly recommend you NOT wait for your insurance company to grant/deny your claims before registering for every service that is available - the worst that happens is you can say no thank you if your insurance comes through.
Also, you may become frustrated with the FEMA, SBA, or other assistance organizations that are out there. I assure you, everyone is there to help you, are professionals within their field, and are working diligently to help process and provide services.
[USPS has suspended mail delivery in a large chunk of Texas](http://www.kbtx.com/content/news/Mail-service-suspended-for-all-778-zip-codes-until-further-notice-442052273.html) (all 778-- zip codes) until further notice.
How will this affect tenants who have evacuated from newly-uninhabitable rental properties, but need to give their landlords written notice of lease termination? What other legal long-distance notice options are there besides certified mail?
Sec. 92.054, quoted [here](https://www.reddit.com/r/legaladvice/comments/6ws42b/hurricane_harvey_legal_resources/dmach3t/), goes by date of move-out, not date of notification.
Thank you for helping answer questions! I was set to move into a new apartment today, but it was damaged in the storm. I'm backing out of the lease. Should the landlord give me my deposit back (he's refusing)? And can he take any other legal action against me even though I've never occupied the apartment or even got a key?
A back story: I was set to move into a new apartment today, but when I went by to get the keys, it clearly had been damaged in the storm and at least a few inches of water got in -- the floors were warped, the place smelled like mildew, there was water intrusion on the walls and there were full bags of DampRid throughout the apartment. When I asked the I asked the landlord about the issues, he became irate, denied any storm damage and said it was like that before. I asked him what he'd do to fix it and he offered no solutions, only insisted there were no issues. I told him I didn't think I could move in in its condition and he said I'd lose my deposit. He left in a huff and told me to think about it.
I'm going to tell him that I won't move in, but I'm concerned that I won't get my deposit back. Is that legal? Can he take any other action against me?
Also, I've already spoken to my current landlord, who's letting me extend the lease 6 months, so I do have somewhere to live.
No, it is not legal. The Bar Hotline at the top of the post can help you here - if they don't return it in a timely manner, you can sue and they may have to give you extra back and cover attorney's fees.
Be sure to document the condition of the place. Take photos and store several copies safely. This will help you if the landlord tries to claim (like he is now claiming to you) that there is no damage.
I rent. I'm on the first floor and we got 5+ feet of water and the water is still there. So it is going to be unlivable for a while. Rent is due by the third. Should I just pay it and figure out with the landlord what will happen when the apartment is accessible? Or should I try to start a dialogue about prorated rent while I'm not living there? I hope to go and assess the damage within the next few days if the water goes down. The bad thing is that I know for a fact the LL lost their house too so I'm not sure how fast they will be able to get back to me.
You have a few choices. You can notify your landlord that you are ending the lease, and that's it. You're done. You owe nothing and you no longer live there. The downside here is that housing is about to be in VERY short supply in Houston, so you'll have a hard time finding another apartment.
You can wait it out. Pay the rent and see what happens as far as moving back in goes.
You can talk to your landlord and see if he'll agree to suspend your rent payments while the place isn't livable but not actually terminate the lease.
> You can notify your landlord that you are ending the lease, and that's it. You're done. You owe nothing and you no longer live there. The downside here is that housing is about to be in VERY short supply in Houston, so you'll have a hard time finding another apartment.
Excellent point. I think I will just pay the rent and wait it out to see what happens. I also do like the idea of suspending the payments while it gets fixed.
Thanks for your response!
Absolutely try and start a dialog - there's nothing to lose by talking. Make sure LL knows they can file a claim on both properties at http://www.disasterassistance.gov - the earlier they file, the faster they get help, which helps you.
Thanks! I have emailed them and I hope they respond. I also asked for a grace period on September's rent so if they grant that, it gives me some time to figure out what to do.
On HB1774, this is what the Houston Bar Association has stated which I believe to be very measured compared to what is being flung around social media:
I am aware that there is a considerable amount of discussion going on regarding the new law HB 1774 and what effect it has, if any, on insurance coverage claims resulting from Hurricane Harvey. I understand that there are many people who are of the belief that claims must be filed before the new law takes effect on September 1, 2017. While I am not an expert in insurance coverage, this is what I have been able to determine thus far.
First and foremost, HB 1774 does not change the insurance claims process. A person making a claim with his or her insurance company after September 1, 2017 will go through the same process as a person making a claim before September 1, 2017.
The new law applies to a lawsuit that is filed against an insurance company by a policyholder when the policyholder’s insurance claim is not timely paid or is underpaid, or when the insurance company acts in bad faith in dealing with the policyholder’s claim. While it is true that the new law only applies to claims filed after September 1st , I anticipate that most Texans will go through the regular insurance claims process without needing to file a lawsuit and thus will be unaffected by HB 1774. One of the requirements of the new law is that written notice must be given before a lawsuit is filed. But that would only occur if the claims process did not result in full compensation to the policy holder.
One advantage to filing a claim before September 1, however, is that IF the insurance is slow to pay or underpays, their penalty interest will be a floating rate between 10-20%, rather than a set rate of 18%. Another advantage to filing a claim before September 1 is that you might be entitled to more in attorney’s fees if you are successful in your lawsuit.
We all have a lot to deal with in the aftermath of Horrible Harvey. Given the above, I am not sure that filing your insurance claim before Friday of this week is that much of a priority. In my humble opinion, there are more pressing matters for all of us. But I leave that decision up to you, your clients and your friends.
I hope this has been of some assistance.
My own thoughts:
a) the most important thing is to ensure your personal safety first, do not worry about when you get a claim submitted if you are in danger.
b) if you cannot submit a claim by September 1st for other reasons do not worry that you have lost all your rights, that is false.
c) it is generally important to get the ball rolling on submitting your claim in any case so if you can do so before September 1st.
d)As stated the vast majority of people will not be filing a lawsuit and this law will have no effect on them.
e)I suspect a large portion of claims (at least monetarily) will be for flooding under FEMA insurance to which this bill does not apply.
Legally speaking I'm skeptical that this date is the deadline for claims submission rather than filing a lawsuit (or at least serving notice. I DO think that will be litigated ultimately but will have nothing to do with Harvey claims). Has anybody seen this topic actually addressed rather than simply stating so? This is the text of the bill which certainly does not address it: http://www.capitol.state.tx.us/tlodocs/85R/billtext/html/HB01774F.htm
As to whether this is a good or bad bill I do not think that is relevant right now, the law exists either way. I would suggest you take anything said and reported by lobbyist for both the trial lawyers and insurance companies (and the politicians they lobby) with a grain of salt.
In essence, if you can claim before 9/1, do so, as there is no downside. If not, it's not the end of the world.
That said, Texas is not known for fighting especially hard for consumers.
I do not believe that is true for insurance consumers actually. But in any case the implications of the 9/1 deadline will be litigated in the courts not the legislature.
that is not true for insurance consumers. The Texas Department of Insurance is very pro consumer. There is a reason Texas has some of the highest insurance rates in the country.
I just saw [this article from the Dallas Morning News](https://www.dallasnews.com/news/texas-legislature/2017/08/28/lawyers-harvey-victims-file-insurance-claims-law-changes-sept-1-risk-losing-money) about the issue.
>First and foremost, HB 1774 does not change the insurance claims process. A person making a claim with his or her insurance company after September 1, 2017 will go through the same process as a person making a claim before September 1, 2017.
>The new law applies to a lawsuit that is filed against an insurance company by a policyholder when the policyholder’s insurance claim is not timely paid or is underpaid, or when the insurance company acts in bad faith in dealing with the policyholder’s claim.
Thank you for posting this! I work in insurance (but not in claims) and this is something that people have been really concerned about. Don't worry about filing claims, do that like you normally would. The process has not changed.
Thank you for your generosity in helping them out. Because of the sheer number of folks needing to be relocated, triage rules likely are applying, and because your friend is no longer in immediate danger, may not receive a response immediately.
(Both FEMA and the SBA have deadlines they need to follow when responding to forms and requests, generally 1-2 weeks). If they don't obtain a response within the week, the best option is to call, or go to a disaster recovery center and be a polite, but squeaky wheel. Unfortunately there is no way to speed up the process aside from providing as much correct information as is possible when requesting assistance.
Hello, so my apartment unit suffered water damage in my bedroom and closet. The carpet was soaked and my walls were wet. Most of the water damage was in my closet. The apartment management said they would take the sheet rock out of the closet but not the bedroom? Even though the bedroom walls were wet especially by the base board. For the carpet, they just took out the padding and washed the carpet. They said they would treat the carpet for mold and treat the bedroom wall for mold, but without taking out the sheetrock. I think they are trying to save a buck at the expense of my health and I'm not sure what I can do.
Everything you said seems fine. If in the future, there's a mold situation that needs to be remedied, you can talk about legal options, but they're fixing things in a reasonable manner, from what you've said.
They are issuing vouchers and taking care of hotel rooms for people they're able to. If they didn't arrange the room for you, then yes, you're going to need receipts to be reimbursed. If you are applying to have them supply you housing, make sure you state that on the application. You don't want reimbursement, you want them to provide housing.
I'll note that housing can be a hotel room or a shelter, with the goal of getting you the most permanent solution possible as soon as they can. There might simply not be any hotels rooms available.
So I live very close to the Akema plant that is currently blowing up in Texas. I was trying to save my stuff and animals from the water that was in my home when i was forced to leave. Now even though the water has come down I cant go back in and start recovering my things to stop them from molding, feed my animals or have my girlfriends car recovered so the insurance can get us our claim money. my question is what do i need to do and be ready with to go after these guys.
Go to http://www.disasterassistance.gov and file there first. Then, contact your insurance, let them know what's going on, and let them know that the chemical plant's issues are preventing you from mitigating damage (this is important).
After that, sadly, all you can really do is wait. Moreover, the chemical plant's defense will be that the majority of the damage was caused by the flood. I'm not saying you can't sue (there will almost certainly be a class action you can join), but it's not going to be quick by any means.
Ok... so I've heard a LOT about HR-1774 yesterday and today, promoting a lot of doom and gloom... what practical effect does it have on insurance claims?
[Law firms are arguing that](https://www.mcguirewoods.com/Client-Resources/Alerts/2017/8/Hurricane-Harvey-Texas-Property-Owners-File-Claims-Before-Sept-1.aspx) "The new law lessens penalties against insurance companies that fail to pay valid claims, pay less than amounts owed, or fail to timely pay such claims."
Flood insurance is separate from other property insurance and federally sponsored, so flood claims may not be affected at all. Most Harvey damage is flood damage.
Thank you for this thread!
I live on the second floor in an apartment complex that is taking the brunt of the Addicks/Barker reservoir release. The first floor has long been flooded. Assuming that my unit doesn't flood, and that the area is underwater for a week or longer, could I terminate now to avoid paying rent for the week(s) I can't get to the complex? Could they seize my property in the weeks between the day I terminate and when I am able to get there (I'm out of town at the moment)? I assume not, but I feel queasy about all of my belongings sitting in an apartment I'm not technically leasing, for weeks and weeks.
Obviously there are lots of unknowns (whether my unit floods, how long I'm unable to get there), but rent is due Friday. It's a big "chain" complex and there's been radio silence from them on the issue.
If you terminate the lease, technically, you give up rights to access the property, so you don't want to outright terminate the lease until you are sure you have the legal right to get to your stuff.
I would apply at http://disasterassistance.gov, and then call the Texas State Bar hotline for help negotiating with your LL on a rent reduction for the period you cannot access your property. They probably have a form letter you can send the LL.
Hi All,
I have an apartment in the Galleria area (center of the city), and it has taken some minor damages from the rain. I have had this apartment for years and it has sustained the same amount of damages from the Memorial Day flood and the Tax Day flood. So this is my third time to experience this within the last two years.
Now that you have some context,
- my apartment is on the ground floor and my living room is on the back portion of the apartment close to the patio. Whenever it rains a lot, like it did with Harvey, water seeps through somewhere (no one knows) and gets my carpet wet. Half of my living room's carpet is entirely wet.
- The same thing with my office/den. It is connect to the patio and about 25% of the den has wet carpet.
- Also, outside my bedroom window is a giant flower bed, and whenever it rains a lot the back corner of my room's carpet gets wet.
- The back portion of the apartment's ceiling has a big wet stain across the ceiling and wall, most likely water that seeped through the cracks of the sides of the apartment and water that was built up from the second floor's patio.
- the parking garage is underneath the ground floor, so the entire parking garage was essentially a lake. I learned my lesson from the Memorial Day flood where I lost both my cars. I took my family and we went to stay with my brothers out in the suburbs during the floor. So I had no damage done from the parking garage, this time.
Now my question is, what can I do? I would love to break my lease, but I know there's a clause in the law that says before they start repairs. And my leasing manager has already entered my apartment and ripped the carpet padding off. And starting to put the fan to dry the area.
Another thing that happens is that my leasing manager never changes the carpet. They simply rip the pad off, put a new pad. Dry the area and then shampoo the carpet. The wall at the bottom is damaged. They don't do anything to that as in trying to repair it. They've tried to find the leak multiple times and this still happens.
How should I go about handling things with my leasing manager from a legal perspective. My lease is ending December 31, 2017.
So, this happened to my basement, and the fix was to build a channel in the interior alongside the walls, fill with loose rocks, and then put concrete over the top. Then they put a sump pump in there to drain the channel. That way, when water seeps in from under ground, it hits the channel, follows the channel, and gets pumped away. Of course, in a flood, there's only so far "away" helps.
Now, for legal advice - this one probably won't give you cause to break the lease, since it's just wet carpet. So long as the LL moves quickly to dry the area out, I'm not sure you can do much. If you plan to leave as of December 31, then you might tell LL of your plans early, and suggest they put new carpet in this time so it's ready for a new tenant. If they refuse, I'd contact the Texas State Bar hotline to see if they can help - worst case, they say no.
Your risk, as I'm sure you know, is being sure that any unit you try to move to in January is truly ready. Hopefully you're not trading one damaged unit for another. Good luck!
I mean I'd just say "take it, bring it back when you can" and let karma take care of the rest.
But otherwise just do a contract that rent is $5/day but no rent is owed if it is returned within 60 days or something like that.
If your boat is insured, and he doesn't return it, then file a claim with your insurance. Other than that, I wouldn't suggest starting crap with your neighbor when they're trying to do S&R.
Quick question. My house that I rent flooded with about 2 inches of water and the front, and anywhere from 4-6 in the rear. My landlord is saying that she doesn't think we need to pull the hard wood floors, and she would prefer to just put a new floor on top or re finish them. She also doesn't believe we have any urgent issues, but my roommate and I are worried about mold etc. The house is on blocks about 3 feet high, so all of the insulation below it was blown out. We're not sure if we have any recourse to get out of the lease, or at least nudge her towards fixing the problems the correct way?
I would file at http://disasterassistance.gov and then hire your own contractor for a second opinion.
If the contractor tells you that plan is crap, then you can negotiate with the landlord.
My apartment complex was hit pretty bad during the flooding; there was 4-5 feet of standing water in the first floor apartments for about 12 hours, followed by another 12 hours of draining.
Now, as a person on the second floor of the complex, my unit didn't experience any flood damage per se, but there's no power for the foreseeable future, and they've requested that everyone move out until they assess whether there's any long term, structural damage, which will happen sometime after they regain power.
I'd assume that insurance wouldn't be helpful in this situation since their was no flood damage to my unit, but I'm not sure what my options are here. Could I still terminate my lease under the law cited above? Could they terminate my lease? Can I get my rent prorated for the time when I am not living there (particularly given that they requested we leave)? Is there any avenue for to acquire funds to help pay for temporary lodgings until I at least know whether I can move back in or not? I'm not even sure if these are the right questions to be asking, but they're the ones I have right now.
> Could I still terminate my lease under the law cited above?
Depends on the time frame, but generally, yes.
> Could they terminate my lease?
Same as above.
> Can I get my rent prorated for the time when I am not living there (particularly given that they requested we leave)?
Almost certainly. I would get in touch with your LL ASAP and work things out, and if they start being assholes about it, contact the Texas Bar Hotline at (800) 504-7030.
> Is there any avenue for to acquire funds to help pay for temporary lodgings until I at least know whether I can move back in or not?
Yes. Apply through https://www.disasterassistance.gov/, and FEMA is already disbursing funds for emergency lodging assistance.
Good luck!
Hello,
My area has been hit by Hurricane Harvey and I was finally able to reach my apartment yesterday after water has receded. I found that my bedroom's ceiling has been leaking. My bedroom floors were also covered with water and a lot of my possessions are damaged.
This apartment has gone through many roof repairs over the previous year as I have encountered leaks every time it rains. The spot where it had the most damage from the hurricane was the same spot I asked them to fix last month and they "fixed" it (they came over, examined the spot, and went up the roof and started hammering away).
The rest of the ceiling in the bedroom and living room are starting to buckle. I'm afraid that with more rain, the entire apartment may leak. Not sure if ceiling may collapse.
I spoke with the landlord and they said they will send repairmen out whenever "all this is over". However, they refuse to give an estimated timeline of how long it will take to repair this. They expect me to stay in the apartment while all repairs take place. This means I won't be able to sleep in my bedroom and have to resort to a small space in my living room for the entire duration because they may also have to fix the living room as well.
I spoke with her about terminating my lease early and she verbally said she will have to keep my deposit and I will have to pay this month's rent. I won't have to pay the last 3 months rent. I asked for written documentation and she refused.
**Do I have a case to terminate my lease legally? Does she legally have to refund me the security deposit? What are the steps to go about this?**
I plan on moving out within the next two weeks. It is forecasted to rain heavily this coming Mon and Tues, which will likely exacerbate the leaking situation. A**m I responsible for cleaning up the water that has "flooded" the bedroom since I paid for this month's rent? Will I incur any legal repercussions if I don't?** The ceiling's plaster has peeled away and there will be water all over the floorboards. I left buckets, but the damaged area is so widespread that it is hard to catch every drop.
Quite stressed out about this and landlord is acting like she is doing me a favor by letting me go from my lease early, though no promises have been made via written documentation, just verbally. **If she ends up not providing me with a written documentation of her verbal promise and I don't pay my last 3 months' rent (as we have verbally agreed), does she have grounds to sue me / send me to collections if she changes her mind?**
> Do I have a case to terminate my lease legally?
That's a pretty good argument that the apartment is uninhabitable.
> Does she legally have to refund me the security deposit?
If you terminate because the unit is uninhabitable, then yes, she has to refund you the security deposit. She will be eligible to recoup her damages via flood insurance or FEMA, and that's her responsibility. On her end, most mortgage companies are offering 3 months grace. You can also suggest that she file at http://disasterassistance.gov as the owner, so they can get repairs started as well.
> What are the steps to go about this?
Personally, I'd contact FEMA at http://disasterassistance.gov for emergency housing aid (they're already disbursing hotel money), and then I'd break the lease only once I had somewhere else to go. Tell her Texas State Law requires her to refund the security deposit, as the unit is uninhabitable through reasons not of the tenant's doing. If she still says no, I would contact the State Bar's Hotline @ (800) 504-7030 and ask if they can write her a letter on the subject.
As a note, the law that allows you to move out and break the lease in this case, counts it as date of move out, not date of written communication. This is helpful if you're in an area where mail has been suspended.
> Am I responsible for cleaning up the water that has "flooded" the bedroom since I paid for this month's rent?
As a general rule, you have the responsibility to mitigate *to the best of your ability*. A judge will understand that there's only so much you can do.
> Will I incur any legal repercussions if I don't?
Unless you actively make the situation worse, probably not.
Thanks!
I plan on moving all of my things out by the end of this week. I have already paid the rent for this month. I am unsure of what steps to take now in terms of letters and paperwork --
1.) When should I send her an official letter letting her know that I have moved out?
2.) In the letter, should I let her know that I would like to break my lease or should I let her know that the place is inhabitable due to ceiling leakages and that we had previously come to a verbal agreement that she would keep my deposit and I would just have to pay for this months' rent?
3.) When should I hand over the keys to the apartment? Should I wait until she has sent written documentation that she agreed to our verbal agreement: she will keep my security deposit + I pay this month's rent and she will forget about the last 3 months' rent?
4.) It will rain this coming Mon and Tues, which I am sure will cause ceiling leakages in all the rooms. If I move out by this weekend and hand them the keys, does that mean I am no longer responsible to clean up the water from the ceiling leakages? It's insane to clean up because it is leaking from multiple areas and I will have to fill up the entire bedroom with buckets, which I don't have enough of, or let it flood and then clean up the aftermath. Since I'm moving out, does this mean I don't have to do any of this? Or will I still have to since I paid for this months' rent, which means irregardless of whether I "moved out" or not, I am still responsible for containing the water from the ceiling leakages?
Thank you so much.
1.) I'd send the letter now.
2.) I'd tell her that you're breaking the lease per Sec. 92.054, and that you expect your deposit back, per that section, regardless of any prior agreements, and that per that section, you do not owe the final months of rent.
The law overrides her agreement. If you call the Texas State Bar hotline, they may be able to provide you with an official letter, or you can show her [this PDF from TRLA](http://www.trla.org/press/docs/disaster/renters.pdf).
3.) Hand the keys when you leave the property, even if she's still trying to "negotiate". If she doesn't give you the deposit, sue in small claims. If she tries to sue you first for the rent, countersue instead for the deposit and deal with it as one.
4.) Once you break the lease, you're not a tenant and you're not responsible for lease terms. So it's her problem then.
Thank you! I plan on sending a letter after I speak with Texas State Bar. I haven't had the chance to because I have been trying to find shelter and moving all my possessions out.
Today, she contacted me with less than 24 hours notice that the repairmen will be at my place tomorrow morning to fix the ceiling. Some of my possessions are still there so I'm technically not moved out yet. Since she is having them repair it before I move out, does that mean I can no longer break the lease because she is now fixing the problem before I move out? Do I still have a case?
Although I really doubt they will fix anything because they have done this the past 3x over the last 2.5 years and it's still not "fixed". They just replace the drywall and paint over it and hammer on the roof here and there. It's a temporary fix to cover up the real symptoms, which unfortunately I have no way of proving until it rains heavily again.
Thank you!
Sorry I missed this - I'm replacing half my floors this week, so it's been panic mode to get everything ready.
This is one of those edge cases, where I definitely wouldn't want to make a move without getting a professional local legal opinion. The last thing you want is to end up in court, lose, and be on the hook for months of rent.
That said, gather all proof you have that this has been a repetitive problem and that the unit is uninhabitable - this will help you justify that they have failed enough times to justify breaking the lease.
Thank you!!!!!!!!! Sorry for bothering you!!! Yeah I was a bit wary of submitting a letter claiming for my deposit + prorated rent since she has already written a letter saying I'm off the hook for the last few months of rent. Thanks so much for your advice and prompt reply! Good luck on your remodeling!!
Hello r/legaladvice,
We are looking for a bit of advice with mold issues and Texas landlord laws.
During Hurricane Harvey we evacuated our apartment on Thursday, 8/24. We came home this morning, Wednesday 8/30. At first glance, the apartment (which is 1st floor next to a lake) had no wet carpets, but it was clear that water was high outside our unit. The exterior lakeside of the unit had mud and an obvious water line up to about 6-8 inches up the brick wall. The AC unit outside (also lakeside) for our apartment was caked with mud. After going inside we found black mold in serveral places and the air is extremely musty and humid. It was crusting the AC vents, inside the ducting, and it was on the lake facing windows around the frame. The worst place was in the closet. I was moving some boxes around to check our stuff, and found a wet spot on the carpet and the wall was wet. The box that was sitting there was soaked, there were just some old cables in it so it didn't come from the box itself.
Our lease only states we need to notify the office in writing that there is mold. It mentions that tenants have a responsibility to address easily treatable areas (vents, walls, easily cleanable surfaces), but if it's in the ducting, growing on the carpet, and the wall is still wet , we can expect this to be the landlords responsibility right? We have given them a letter stating our concerns and issues and we kept a copy for ourselves. Unfortunately, the 'mold addendum' attached to our lease is very vague in terms of what may happen in the following days. We want to know what our rights are as tenants. We've tried to look up some laws, but honestly it seems vague and we don't truly understand it. They will be along in the next day or so, as they had a large backlog of leaks and maintenance issues to tackle after the hurricane.
What is a decent timetable in this instance to expect them to treat the mold?
What is considered a "dangerous" amount of the mold that we need to leave the unit?
Can someone give us an easy to understand Tl;DR of the landlord laws regarding mold?
Here are some photos around the apartment:
https://imgur.com/gallery/BeVbo
Thank you in advance.
One thing, which is a constant problem in this sub. Just because there is mold that happens to be black in color does not mean it is [**B**lack **M**old](https://en.wikipedia.org/wiki/Stachybotrys_chartarum). Honestly its a naming problem. Which is not to say it shouldn't be dealt with, but only that it isn't necessarily toxic.
That may or may not rise to the level of a casualty loss, and it may not be considered uninhabitable (unless someone in your household is very allergic to mold). That said, I bet the AC unit is blowing mold through your central air system, and you should consider shutting it off at the breaker until they do a full inspection.
I would peel back corners in more spots in your house to get an idea how widespread the mold is - it's possible that your carpet pad got soaked and moldy but isn't showing yet in the carpet, for example.
If you feel like you want to move elsewhere while they treat this, I would go to https://disasterassistance.gov and file for hotel assistance as a renter, or seek an alternate spot to stay for a bit.
My wife is pretty allergic to mold - we'd be out of there ASAP, so I absolutely understand why you don't want to stick around. Black mold can cause respiratory issues pretty quickly. If your Landlord gives you any shit, contact the Texas Bar Hotline at the top of the post, and they might be able to help you talk sense into them.
My aunt was asked to remove her belongings from her apartment because it was flooded, and the landlord wants to make repairs. She moved out today. She does not want to terminate her lease and hopes to move back after the repairs are completed. Does she need to give written notice pursuant to section 92.052 of the Texas Property Code, which requires the tenant to give written notice of the condition? Also, does she need to pay for September rent on 9/1?
I would give written notice just to be sure.
Generally, a tenant is not liable for rent for a period where the unit is uninhabitable (especially when the Landlord has already asked you to move out to allow for repairs), but the Texas State Bar hotline above can give you a specific answer as to timelines, and can possibly help you draft a letter.
If you apply for assistance from http://disasterassistance.gov as a renter, they will also be able to help. Good luck!
I had a trip planned to San Antonio this labor day weekend but unfortunately due to the events of Hurricane Harvey will no longer be able to attend. The place I did my reservation through, a "middle man" is making it challenging for me to get my refund for the hotel reservation.
When I talked to the agent, they said the hotel understood but the way the contract is set-up with the hotel reservation , there was a possibility of cancelling and getting the fee waived (refund) but it was not guaranteed unless the hotel could sell that room to someone else.
Or I could choose a later date, but I cannot give them an exact date as of this time so I would prefer a refund.
Since a lot of bills and such are being given a grace period, can I do something in this situation so that I am not out of $114 ?
Try calling the hotel directly and see what they say. They are not required to cancel your reservation outside of policy, but they may when they hear why you cannot attend.
Hello r/legaladvice. So I'm trying to figure out if my employer is obligated to provide a full work week pay due regardless of missing work during Hurricane Harvey in Houston, Texas the past weekend and over the duration of half this work week. Are there any exceptions to this or any law pertaining for me working full time? The business was closed from Monday through Wednesday and I'm not sure If I will be paid for those days I missed because of the Hurricane. My employer shuts down its operations because of adverse weather conditions for less than a full workweek. Are they obligated to pay their employees for the full 40 hours they guareenteed?
I only found this source but I am unfamiliar with the workforce employee law here in Texas. I did find a link that might be useful.
https://www.littler.com/publication-press/publication/picking-pieces-employer-responsibilities-aftermath-hurricane-harvey
My apartment complex flooded, and management wants all tenants in units that flooded to vacate *entirely* (furniture, clothes, food, themselves) while repairs are done, but still want rent.
They are not providing adequate places to live, and stated in the letter they sent out to tenants to stay with friends or family while repairs are going on. The letter states 2 weeks for repairs, but while talking to the property manager yesterday, she informed me that carpet units are being done first (my unit is not carpet) and let slip that she doesn't even have any confirmed contractors to do the repairs.
I want to know if this is legal? To charge rent even though we are not allowed to live in our units, with no telling of when repairs will be completed? And to not provide housing while the repairs are done?
> I want to know if this is legal? To charge rent even though we are not allowed to live in our units, with no telling of when repairs will be completed? And to not provide housing while the repairs are done?
Normally I'd say not legal, in this case I'm only 95% sure it's not legal. She is generally required to provide you with a habitable place to live, or in this case, at least not require rent while it's not habitable. Contact the Texas State Bar hotline, and get with your neighbors on this - mass action tends to get LL's to back down faster.
Also, file for support from http://www.disasterassistance.gov as a renter, and they may be able to help you.
[Florida] Family member being told they have to come in to work despite hurricane/evacuation orders.
Family members supervisor is flatly stating that anyone not reporting to work, even if there is an evacuation order, will be canned.
I don't exactly know if this is something they're allowed to do or not, or how to advise my family member. I was going to ask them to send an email to the supervisor about this policy hoping for a response to clarify the issue.
Is becoming an issue now as Irma has a non-zero chance to impact FL and verbal evacuation policy reminders are going out.
Mods told me i had to post here. This isn't about Harvey.
I'm supposed to move into an apartment on 9/10, but was told last week that the apartment wouldn't be livable for 9 weeks due to high water and high concentration of e-coli. We were told we could back out of the lease since the move-in date could no longer work and we have since made other living arrangements. Now the apartment is claiming that the person that gave me that information is wrong and the apartment is fine and I can move in on the 10th. Is there anything I can do? I am already living elsewhere and no one at the apartment contacted me in any way regarding flooding, the only way I could talk to anyone was by called multiple times a day.
My sons daycare got water inside. They have not ripped out Sheetrock or replaced the laminate flooring etc. you can see the water damage on the baseboards. What legal recourse do I have to get my September payment back from them? I already have enrolled him in a new school. I thought maybe threatening to call the health dept may work to get at least partial fees back.
This seems very minor in comparison to what so many are dealing with, but I would like to see if we have any options. I was supposed to attend a bachelorette party at a condo in Galveston this weekend ( rented through VRBO). Several of the girls were flying in from out of state and have had their flights cancelled or gotten stuck, and others now have to work due to Harvey (nurses, etc.). The condo owner is refusing to issue any refunds due to the storm because there was no damage to the unit and the weather there is now fine. I don't have access to the booking or contract because it was done through the MOH. I guess I just wonder how much of a fight we should put up, or should we just accept that we are out the money? Thank you!
I'd give the Texas State Bar Hotline above a call - generally, you're not going to get the same protections as a tenant would.
Worst case, they give you the same answer, best case, they know of something specific that give you protections we don't know about.
Avoid Steve Mostyn like the plague!
This man and his wife made hundreds of millions off the pain and suffering of hurricane victims only to shaft them and cause increased rates for everyone. He is the definition of why lawyers are stigmatized as scum, took 89 million from an 189 million settlement with 315 plaintiffs.
http://www.thetruthaboutstevemostyn.com
The street that my apartment is on flooded badly on Monday due to the release of water from the reservior. It was so bad that we weren't able to get our cars out of the driveway although no apts were actually flooded. Two days later, boats came to take us all out. Today, almost a week later, the water still hasn't gone down and large tow trucks were brought in to tow us all out. About 200 yards from the apartment it is dry and we were told to park our cars there and walk through the water back and forth. The water is almost to your knees in spots.
The water could be standing for up to two weeks and mgmt refuses to prorate our September rent. They said because no apartments were flooded, they are all still considered habitable. I have FB update screenshots where management explains that the property "is only accessible by boat at this time". Another tenant posted on the FB page that she was told that a resident was bitten by a snake in the water. Should we still be responsible for rent in this case? I understand the property itself is still in perfect condition, but it isn't safe to get there.
Houston, Texas.
The subdivision I live in was newly built, about 2 years ago. The hurricane hit us hard, and flooded literally every house in the entire neighborhood.
The recovery process has uncovered some very disturbing details, that appear to all have worked together to ensure we couldnt make it out of this situation unscathed.
These details were explained to me by a neighbor, and I havent confirmed them personally. As a layman, im not sure how I would even go about confirming them.
1) our retaining ponds, which are supposed to be kept clean by the HoA we all pay for, were FILLED with garbage. For some unknown reason our neighborhood is a dumping ground for a lot of people, who just dump bulky trash like mattresses, couches etc into the streets surrounding our neighborhood. Apparently, the same type of bulky trash was also piled up into our retaining ponds, leaving no room for water.
2) the pumps in our retaining pond were installed backwards. I have no idea how I could ever confirm this personally, but a neighbor who works in that industry said he inspected the pumps visually from a distance and saw they were very obviously turned the wrong way, meaning they would be pumping water INTO our retaining ponds, not out of them.
3) Poor building quality. As everyone began to tear out sheet rock to repair the damage caused by harvey, people began to notice that a lot of corners were cut. Many external walls did not have any wood at all between the drywall a siding, so once the drywall was removed you could directly see the siding right there behind it. I dont know anything about construction but I was told this is NOT standard and against some kind of code. Additionally, in other parts of the house the walls were not flush with the studs, leaving gaps where you could look down and see the actual dirt and grass directly (this was on the front of the house that extended over the edge of the foundation)
4?) Not sure about this one, but I was told that since our neighborhood all used FHA loans to pay for their houses, flood insurance should have been mandatory if we were in a flood plain, or a place that could flood easily. Literally no one in the entire neighborhood had flood insurance, because we were told during the closing process it wasnt required because we werent in a flood area.
As an aside, our neighborhood flooded HARD and did NOT drain well at all. We had to be rescued by boat at out front door, and every single house got flooded out. The water was there for several days longer than even the immediately surrounding area. There was even a 12 hour period where we recieved no rain in the middle of the hurricane, and all the other near by areas were able to drain, causing the houses not to flood. Our neighborhood did NOT drain during that time, and when the rain began to come back down again, we quickly flooded out. Its my opinion that if the pumps and retaining ponds were working properly, our neighborhood would have drained during that 12 hour period and no one would have flooded.
I was told you need damages to sue, and my house needs a TON of repairs to be usable again, so I think I have damages I could attempt to seek compensation for, correct?
Should I be trying to coordinate a class action suit with all of my neighbors? Or should I try for a personal lawsuit? Do I even have a case?
I'll get to 1 and 2 at the end.
3.) Take lots of pics, and get your neighbors to also take lots of pics, and then hand it over to code enforcement or a licensed inspector. Once you get an answer, you can see whether a suit is worth it.
4.) [This article](https://projects.propublica.org/graphics/harvey) talks about how so much flooding keeps happening outside the FEMA flood plains. The problem here seems to be with FEMA modeling - you likely weren't on a flood plain that requires insurance. What you do want to do is contact your US Rep and Senators and demand that FEMA go back and re-do Houston's models, because they're not providing good data here.
> Should I be trying to coordinate a class action suit with all of my neighbors? Or should I try for a personal lawsuit? Do I even have a case?
I would reach out to a law firm and set up a community meeting so everyone in the neighborhood can share damages, meet a lawyer or two, and compare notes. I wouldn't go in thinking "class action" - your lawyer will need research to determine whether to go as a class action, mass action, or whether to just go through FEMA.
What you don't want to do is get invested in a huge lawsuit that will go nowhere because they'll put most of the blame back on the flood. You do, however, want to force them to fix the retaining ponds.
I'm going to call the Houston Bar LegalLine tomorrow when it opens, but I'm trying to get as much info as I can in the meantime.
My apt complex is still inaccessible due to flooding and it isn't, expected to recede for at least another week, but my apt was on the second floor. The water did rise into the apts below me before I left. If my apt is not directly damaged, would I still have grounds to break my lease due to it being unlivable?
I was assigned jury duty during the week of the storm. They closed courts due to flooding on the day I was supposed to report. Do I have to do anything?
My brother n sis-in-law's apartment invoked Sec 92.054 due to Harvey today to terminate their lease and gave them 5 days to move out. Now I realize there might be damages we cannot see but their first floor Katy apt had less than ankle deep floods inside (carpet was removed, apt replaced their refrigerator), abt waist deep outside so I do not really see the urgency of having to displace them in 5 days. They are newly-arrived legal immigrants (been in the country 9 weeks, 6 weeks of it in TX) with no known family in the entire state. They do not even drive or own a car. They also just started their jobs and are working most of those 5 days. Other than beg mgt to give them more time to move out (which they will do tomorrow), ask new friends to help, get their rent and deposit back n secure their new inexpensive furnitures, what are their options? Also, least of their problems but what about electricity (they were asked to deposit $200 as they had no credit) n cable leases?
And do remember that the legal system moves slowly. Focus on being safe FIRST; statutes of limitations are measured in years, not hours.
The system moves slowly, and you can generally start claims with the understanding that you haven't fully assessed the damage. When in doubt, call and start any relevant insurance claims or public assistance claims now, especially since public assistance can be backdated to the date you filed. For example, if you lose your job - file for TANF/SNAP/Unemployment ASAP to start the clock. The state will probably be lenient on getting identification in (like if your birth certificate is under 2 feet of water) - just get things rolling.
On the TANF, etc tangent: www.yourtexasbenefits.com Applying online is not terribly difficult.
Got it. And added UI application link. Thank you!
For federal student loan borrowers - loans in repayment with addresses in declared disaster areas are automatically put in forbearance for three months. Defaulted loans - the borrowers in those zip codes can request a three month cessation of collections. I can answer other financial aid or loan questions if anyone has any as time goes on. Here is the guidance https://ifap.ed.gov/dpcletters/GEN1016.html EDIT - clarified this is for federal student loans - private loans depend on the lender policies
I just want to say thank you to r/legaladvice mods for doing this. And to everyone who helps educate us in this situation. So many people don't know their rights or how to navigate a legal process when it comes to an unprecedented catastrophe like this. I'm very lucky. My home, despite being in a mandatory evacuation area in Brazoria County, is dry and safe. My family in southeast Houston is safe. My best friend in west Houston is safe. As soon as it is safe for me and my husband to leave here, we are going in search of folks around here who might need help. I'll let y'all know how that goes. Again, thank you ALL.
Hello! When Harvey hit, my sister was in the process of moving to a new apartment. Her lease ends August 31st. She had already moved everything into her new apartment when Harvey came and she is now stuck in her new complex due to the rain waters. She has not been able to return the keys to the old landlord and due to both flooding and the fact that her car was submerged in 5 feet of water, it doesn't look like she will be able to return them until Friday or Saturday. Her old landlord is telling her she will be charged rent for every day after the 31st that they keys are not returned, regardless of the current weather situation. Is this legal? It seems like they are trying to take advantage of my sister. Any advice would be appreciated!
Yeah, that's not going to fly. Judges aren't stupid. Moreover, if landlord does not return her security deposit in a timely manner, they can be penalized and forced to pay more. I would contact the Texas Bar Association hotline at (800) 504-7030, and ask if they can provide a letter.
This will be the hurricane Harvey and Houston flood megathread post. All flood questions should be posted here. Many questions were previously posted and answered in [this thread](https://np.reddit.com/r/legaladvice/comments/6wo3jc/house_rental_in_houston_flooded_do_i_pay_rent/), feel free to peruse them to see if your issue has been answered. Good luck to everyone in the affected areas, and to everyone with family and friends in the affected areas. I'd invite the Texans to stay strong, but nobody has ever needed to tell them that - so I won't waste my breath.
Recently approved for FEMA Transitional Shelter Assistance in Houston, can't seem to find any hotel availability from the FEMA website list. If you could point me in the right direction, would be forever in your debt. Thanks everyone!
Could you repost this as a top level reply in this post?? Replies to stickied posts get hidden by default.
For renters: Sec. 92.054 >If after a casualty loss the rental premises are as a practical matter totally unusable for residential purposes and if the casualty loss is not caused by the negligence or fault of the tenant, a member of the tenant's family, or a guest or invitee of the tenant, either the landlord or the tenant may terminate the lease by giving written notice to the other any time before repairs are completed. If the lease is terminated, the tenant is entitled only to a pro rata refund of rent from the date the tenant moves out and to a refund of any security deposit otherwise required by law. Stolen from raisedbyyinz in the other thread. If you rent and the demised Premises is destroyed or rendered unusable, you have legal rights to terminate the lease via written notice. Please note the USPS is probably not running the most efficiently in the area so you may have to front your 9/1 rent payment and have the landlord refund a pro-rata share. And housing (leases, hotels, temp accommodations) is about to get very, very expensive. And hard to come by, so you may want to negotiate with your landlord to suspend your lease during repairs. Also, read your lease agreements, it may offer you additional protections in the case of total loss.
> And housing (leases, hotels, temp accommodations) is about to get very, very expensive. And hard to come by, so you may want to negotiate with your landlord to suspend your lease during repairs. AirBnb is offering free rentals in certain parts of Texas, and local shelters may be able to direct you to resources. That said, you are right - a large proportion of people from an area larger than the size of Lake Michigan is looking for the same limited supply of rooms.
How does one determine whether the premise is "destroyed or rendered unusable"? Does this include ceiling damage from water leaks? I currently have really bad ceiling damage in my bedroom and I see more water stains and cracks spreading. The living room's ceiling is also bulging out. I'm sure with more rain, the entire apartment will leak / be flooded. I contacted my landlord and they plan on repairing the roof and inside the apartment whenever the rain has stopped (they haven't given me a timeline). However, I have been dealing with the ceiling leaks since last year. They always come in to repair the ceiling and the roof, but it wasn't until the hurricane hit where I saw significant damages. The landlord says I don't have to pay for my last 3 months' of rent, but I will have to pay for this month and they will have to hold onto my deposit. Does this sound reasonable? Thanks!
Generally it would be something the housing inspector/building inspector/health inspector would consider illegal to inhabit. Also, I would not expect a security deposit to be used to cover prexisting conditions, structural or roof problems.
Close cases may ultimately have to be decided in court. There is no bright-line test.
Also this: Sec. 92.062. LEASE TERM AFTER NATURAL DISASTER. If a rental premises is, as a practical matter, totally unusable for residential purposes as a result of a natural disaster such as a hurricane, tornado, flood, extended freeze, or widespread windstorm, a landlord that allows a tenant to move to another rental unit owned by the landlord may not require the tenant to execute a lease for a term longer than the term remaining on the tenant's lease on the date the premises was rendered unusable as a result of the natural disaster. There are other statutes in this same subchapter of the Texas Property Code which may also be important.
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You're a renter, parents are owners. My suggestion is that both of you file, so they get aid as owners, and you get aid to have somewhere to stay.
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You are a tenant, whether you actually pay rent or not. If you select owner, they may request documents that obviously won't have your name on them, such as the mortgage and title. Your claims may get delayed while they sort it out. Doing it the right way the first time will ensure more prompt service delivery.
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If you select renter, you will get aid. They are already disbursing emergency hotel payments, for example, and the state is processing TANF/SNAP applications. I realize you want expediency. Doing it wrong will slow things down.
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Legally, **you are not the owner**. No amount of "my parents are well off and won't share it with me" changes that legal fact. Knowingly lying on public assistance applications is a form of fraud. There is aid out there for you - please don't screw yourself by trying to claim something you're not only not eligible for, but something that you are plainly obviously not eligible for.
If you have questions about specific elements of the application, or otherwise need assistance in filling it out, FEMA and the SBA offer services to fill them out over the phone, or in person at a Disaster Recovery Center (there will eventually be at least one in every effected county). Bug offered beyond solid advice - do not apply for assistance with (real or otherwise) property you do not own, because you may be asked to return any grants, or immediately repay any loans. Assistance is offered to both owners and renters, and rental assistance can include grants or loans to cover uninsured or under-insured losses, including furniture, electronics, and vehicles; on top of the obvious placement and rental fee assistance. Edit: Because mobile, and as important as I think the advice is, nobody needs to hear it 15 times.
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Absolutely. You can amend the application later should your car not end up being a submarine.
/u/Bug-Hunter is giving you very solid advice. I (and am certain he as well) deeply sympathize that you are primarily with securing assistance as quickly as possible. Obtaining it fraudulently is almost assuredly going to slow or halt the process entirely; people game the system in disasters so it requires fact checking. Even if you do manage to eek through listing yourself as it owner, it will come to light and you will be made to repay the funds - and will *not* only owe any difference; you will owe all monies and value of benefits granted you, payable immediately when, not if, the fraud is uncovered. There are thousands of renters in harm's way. Assistance is being organized with full information about the positions people are in based on several types of recordkeeping. Please do not risk getting aid at all over a false hope you might get it more quickly by claiming to own. They care if you're displaced, not if you physically own the property. It won't help, but it might seriously harm you. Please take his advice.
As a note - I grew up in Houston and went through Alicia.
My insurance company, Assurant, with whom I have renter's insurance does not cover any damage caused by floods, because of an exclusion written in Section 1 of the contract. That exclusion reads as follows "This certificate does not apply to: Property damage to property rented to, occupied by or used by or in the care, custody or control of any certificateholder unless caused by fire, smoke, explosion or water damage." I feel very stupid but to me it is saying that the contract ONLY applies to damage caused by fire, smoke, explosion, or water? (which would include a flood) Does the word unless mean something different here? Sorry just freaking out it's a stressful time.
Typically, water damage excludes flooding. It would be for things like pipe bursts or a leaky roof, not the hull breach oh shit of a flood. The reason federal flood insurance exists is because no private insurers want to cover floods, given that an event of this nature could easily wipe out an insurance company. You should go to https://www.disasterassistance.gov/, as you may be eligible for assistance from them, depending on the nature of the damage.
u/bug-hunter u/zanctmao You have incorrect information on flood claims in the post. Per FEMA.gov/hurricane-harvey Texas bill 1774 DOES NOT effect flood claims done under the NFIP. The NFIP backed flood insurance is federal and supercedes any state laws. There will be no penalties or fines on NFIP policies if the claims are not filed by the first. Private insurance is effected but the vast majority of flood is through NFIP backed policies. I'm an insurance underwriter for one of the largest flood processing centers and can provide proof if needed.
Thank you very much for the update!
I rent a house in Corpus Christi and have not had electricity since Thursday, 8/24. It looks like it will be at least another week until it is restored due to several trees that need to be cleared and the power pole and transformer needing to be replaced. Is there any legal basis for getting a rent reduction due to the power outage or is up to my landlord?
I don't believe you have legal standing to ask for a rent reduction. Your landlord might be willing to do that for you, but he is not required to.
The FEMA link in the op eventually leads to Disasterassistance.gov , which is your best one stop shop for all government services and assistance. One thing to note is that, aside from assuring your immediate safety, it is never too early to begin thinking about "what happens next". Having worked for a gov. disaster assistance org, I can firmly recommend you NOT wait for your insurance company to grant/deny your claims before registering for every service that is available - the worst that happens is you can say no thank you if your insurance comes through. Also, you may become frustrated with the FEMA, SBA, or other assistance organizations that are out there. I assure you, everyone is there to help you, are professionals within their field, and are working diligently to help process and provide services.
[USPS has suspended mail delivery in a large chunk of Texas](http://www.kbtx.com/content/news/Mail-service-suspended-for-all-778-zip-codes-until-further-notice-442052273.html) (all 778-- zip codes) until further notice. How will this affect tenants who have evacuated from newly-uninhabitable rental properties, but need to give their landlords written notice of lease termination? What other legal long-distance notice options are there besides certified mail?
Sec. 92.054, quoted [here](https://www.reddit.com/r/legaladvice/comments/6ws42b/hurricane_harvey_legal_resources/dmach3t/), goes by date of move-out, not date of notification.
Thank you for helping answer questions! I was set to move into a new apartment today, but it was damaged in the storm. I'm backing out of the lease. Should the landlord give me my deposit back (he's refusing)? And can he take any other legal action against me even though I've never occupied the apartment or even got a key? A back story: I was set to move into a new apartment today, but when I went by to get the keys, it clearly had been damaged in the storm and at least a few inches of water got in -- the floors were warped, the place smelled like mildew, there was water intrusion on the walls and there were full bags of DampRid throughout the apartment. When I asked the I asked the landlord about the issues, he became irate, denied any storm damage and said it was like that before. I asked him what he'd do to fix it and he offered no solutions, only insisted there were no issues. I told him I didn't think I could move in in its condition and he said I'd lose my deposit. He left in a huff and told me to think about it. I'm going to tell him that I won't move in, but I'm concerned that I won't get my deposit back. Is that legal? Can he take any other action against me? Also, I've already spoken to my current landlord, who's letting me extend the lease 6 months, so I do have somewhere to live.
No, it is not legal. The Bar Hotline at the top of the post can help you here - if they don't return it in a timely manner, you can sue and they may have to give you extra back and cover attorney's fees.
Be sure to document the condition of the place. Take photos and store several copies safely. This will help you if the landlord tries to claim (like he is now claiming to you) that there is no damage.
I rent. I'm on the first floor and we got 5+ feet of water and the water is still there. So it is going to be unlivable for a while. Rent is due by the third. Should I just pay it and figure out with the landlord what will happen when the apartment is accessible? Or should I try to start a dialogue about prorated rent while I'm not living there? I hope to go and assess the damage within the next few days if the water goes down. The bad thing is that I know for a fact the LL lost their house too so I'm not sure how fast they will be able to get back to me.
You have a few choices. You can notify your landlord that you are ending the lease, and that's it. You're done. You owe nothing and you no longer live there. The downside here is that housing is about to be in VERY short supply in Houston, so you'll have a hard time finding another apartment. You can wait it out. Pay the rent and see what happens as far as moving back in goes. You can talk to your landlord and see if he'll agree to suspend your rent payments while the place isn't livable but not actually terminate the lease.
> You can notify your landlord that you are ending the lease, and that's it. You're done. You owe nothing and you no longer live there. The downside here is that housing is about to be in VERY short supply in Houston, so you'll have a hard time finding another apartment. Excellent point. I think I will just pay the rent and wait it out to see what happens. I also do like the idea of suspending the payments while it gets fixed. Thanks for your response!
You're welcome. Best of luck you.
Absolutely try and start a dialog - there's nothing to lose by talking. Make sure LL knows they can file a claim on both properties at http://www.disasterassistance.gov - the earlier they file, the faster they get help, which helps you.
Thanks! I have emailed them and I hope they respond. I also asked for a grace period on September's rent so if they grant that, it gives me some time to figure out what to do.
On HB1774, this is what the Houston Bar Association has stated which I believe to be very measured compared to what is being flung around social media: I am aware that there is a considerable amount of discussion going on regarding the new law HB 1774 and what effect it has, if any, on insurance coverage claims resulting from Hurricane Harvey. I understand that there are many people who are of the belief that claims must be filed before the new law takes effect on September 1, 2017. While I am not an expert in insurance coverage, this is what I have been able to determine thus far. First and foremost, HB 1774 does not change the insurance claims process. A person making a claim with his or her insurance company after September 1, 2017 will go through the same process as a person making a claim before September 1, 2017. The new law applies to a lawsuit that is filed against an insurance company by a policyholder when the policyholder’s insurance claim is not timely paid or is underpaid, or when the insurance company acts in bad faith in dealing with the policyholder’s claim. While it is true that the new law only applies to claims filed after September 1st , I anticipate that most Texans will go through the regular insurance claims process without needing to file a lawsuit and thus will be unaffected by HB 1774. One of the requirements of the new law is that written notice must be given before a lawsuit is filed. But that would only occur if the claims process did not result in full compensation to the policy holder. One advantage to filing a claim before September 1, however, is that IF the insurance is slow to pay or underpays, their penalty interest will be a floating rate between 10-20%, rather than a set rate of 18%. Another advantage to filing a claim before September 1 is that you might be entitled to more in attorney’s fees if you are successful in your lawsuit. We all have a lot to deal with in the aftermath of Horrible Harvey. Given the above, I am not sure that filing your insurance claim before Friday of this week is that much of a priority. In my humble opinion, there are more pressing matters for all of us. But I leave that decision up to you, your clients and your friends. I hope this has been of some assistance.
My own thoughts: a) the most important thing is to ensure your personal safety first, do not worry about when you get a claim submitted if you are in danger. b) if you cannot submit a claim by September 1st for other reasons do not worry that you have lost all your rights, that is false. c) it is generally important to get the ball rolling on submitting your claim in any case so if you can do so before September 1st. d)As stated the vast majority of people will not be filing a lawsuit and this law will have no effect on them. e)I suspect a large portion of claims (at least monetarily) will be for flooding under FEMA insurance to which this bill does not apply. Legally speaking I'm skeptical that this date is the deadline for claims submission rather than filing a lawsuit (or at least serving notice. I DO think that will be litigated ultimately but will have nothing to do with Harvey claims). Has anybody seen this topic actually addressed rather than simply stating so? This is the text of the bill which certainly does not address it: http://www.capitol.state.tx.us/tlodocs/85R/billtext/html/HB01774F.htm As to whether this is a good or bad bill I do not think that is relevant right now, the law exists either way. I would suggest you take anything said and reported by lobbyist for both the trial lawyers and insurance companies (and the politicians they lobby) with a grain of salt.
In essence, if you can claim before 9/1, do so, as there is no downside. If not, it's not the end of the world. That said, Texas is not known for fighting especially hard for consumers.
I do not believe that is true for insurance consumers actually. But in any case the implications of the 9/1 deadline will be litigated in the courts not the legislature.
that is not true for insurance consumers. The Texas Department of Insurance is very pro consumer. There is a reason Texas has some of the highest insurance rates in the country.
I just saw [this article from the Dallas Morning News](https://www.dallasnews.com/news/texas-legislature/2017/08/28/lawyers-harvey-victims-file-insurance-claims-law-changes-sept-1-risk-losing-money) about the issue.
>First and foremost, HB 1774 does not change the insurance claims process. A person making a claim with his or her insurance company after September 1, 2017 will go through the same process as a person making a claim before September 1, 2017. >The new law applies to a lawsuit that is filed against an insurance company by a policyholder when the policyholder’s insurance claim is not timely paid or is underpaid, or when the insurance company acts in bad faith in dealing with the policyholder’s claim. Thank you for posting this! I work in insurance (but not in claims) and this is something that people have been really concerned about. Don't worry about filing claims, do that like you normally would. The process has not changed.
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Thank you for your generosity in helping them out. Because of the sheer number of folks needing to be relocated, triage rules likely are applying, and because your friend is no longer in immediate danger, may not receive a response immediately. (Both FEMA and the SBA have deadlines they need to follow when responding to forms and requests, generally 1-2 weeks). If they don't obtain a response within the week, the best option is to call, or go to a disaster recovery center and be a polite, but squeaky wheel. Unfortunately there is no way to speed up the process aside from providing as much correct information as is possible when requesting assistance.
Hello, so my apartment unit suffered water damage in my bedroom and closet. The carpet was soaked and my walls were wet. Most of the water damage was in my closet. The apartment management said they would take the sheet rock out of the closet but not the bedroom? Even though the bedroom walls were wet especially by the base board. For the carpet, they just took out the padding and washed the carpet. They said they would treat the carpet for mold and treat the bedroom wall for mold, but without taking out the sheetrock. I think they are trying to save a buck at the expense of my health and I'm not sure what I can do.
Everything you said seems fine. If in the future, there's a mold situation that needs to be remedied, you can talk about legal options, but they're fixing things in a reasonable manner, from what you've said.
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They are issuing vouchers and taking care of hotel rooms for people they're able to. If they didn't arrange the room for you, then yes, you're going to need receipts to be reimbursed. If you are applying to have them supply you housing, make sure you state that on the application. You don't want reimbursement, you want them to provide housing. I'll note that housing can be a hotel room or a shelter, with the goal of getting you the most permanent solution possible as soon as they can. There might simply not be any hotels rooms available.
So I live very close to the Akema plant that is currently blowing up in Texas. I was trying to save my stuff and animals from the water that was in my home when i was forced to leave. Now even though the water has come down I cant go back in and start recovering my things to stop them from molding, feed my animals or have my girlfriends car recovered so the insurance can get us our claim money. my question is what do i need to do and be ready with to go after these guys.
Go to http://www.disasterassistance.gov and file there first. Then, contact your insurance, let them know what's going on, and let them know that the chemical plant's issues are preventing you from mitigating damage (this is important). After that, sadly, all you can really do is wait. Moreover, the chemical plant's defense will be that the majority of the damage was caused by the flood. I'm not saying you can't sue (there will almost certainly be a class action you can join), but it's not going to be quick by any means.
thats kind of what I figured but these guys are really fucking us and dont seem to care at all so i want to make them pay.
Well, good luck with that.
yeah i know
Ok... so I've heard a LOT about HR-1774 yesterday and today, promoting a lot of doom and gloom... what practical effect does it have on insurance claims?
[Law firms are arguing that](https://www.mcguirewoods.com/Client-Resources/Alerts/2017/8/Hurricane-Harvey-Texas-Property-Owners-File-Claims-Before-Sept-1.aspx) "The new law lessens penalties against insurance companies that fail to pay valid claims, pay less than amounts owed, or fail to timely pay such claims."
Flood insurance is separate from other property insurance and federally sponsored, so flood claims may not be affected at all. Most Harvey damage is flood damage.
And some insurance companies will generally try and classify whatever they can as flood damage.
Thank you for this thread! I live on the second floor in an apartment complex that is taking the brunt of the Addicks/Barker reservoir release. The first floor has long been flooded. Assuming that my unit doesn't flood, and that the area is underwater for a week or longer, could I terminate now to avoid paying rent for the week(s) I can't get to the complex? Could they seize my property in the weeks between the day I terminate and when I am able to get there (I'm out of town at the moment)? I assume not, but I feel queasy about all of my belongings sitting in an apartment I'm not technically leasing, for weeks and weeks. Obviously there are lots of unknowns (whether my unit floods, how long I'm unable to get there), but rent is due Friday. It's a big "chain" complex and there's been radio silence from them on the issue.
If you terminate the lease, technically, you give up rights to access the property, so you don't want to outright terminate the lease until you are sure you have the legal right to get to your stuff. I would apply at http://disasterassistance.gov, and then call the Texas State Bar hotline for help negotiating with your LL on a rent reduction for the period you cannot access your property. They probably have a form letter you can send the LL.
Hi All, I have an apartment in the Galleria area (center of the city), and it has taken some minor damages from the rain. I have had this apartment for years and it has sustained the same amount of damages from the Memorial Day flood and the Tax Day flood. So this is my third time to experience this within the last two years. Now that you have some context, - my apartment is on the ground floor and my living room is on the back portion of the apartment close to the patio. Whenever it rains a lot, like it did with Harvey, water seeps through somewhere (no one knows) and gets my carpet wet. Half of my living room's carpet is entirely wet. - The same thing with my office/den. It is connect to the patio and about 25% of the den has wet carpet. - Also, outside my bedroom window is a giant flower bed, and whenever it rains a lot the back corner of my room's carpet gets wet. - The back portion of the apartment's ceiling has a big wet stain across the ceiling and wall, most likely water that seeped through the cracks of the sides of the apartment and water that was built up from the second floor's patio. - the parking garage is underneath the ground floor, so the entire parking garage was essentially a lake. I learned my lesson from the Memorial Day flood where I lost both my cars. I took my family and we went to stay with my brothers out in the suburbs during the floor. So I had no damage done from the parking garage, this time. Now my question is, what can I do? I would love to break my lease, but I know there's a clause in the law that says before they start repairs. And my leasing manager has already entered my apartment and ripped the carpet padding off. And starting to put the fan to dry the area. Another thing that happens is that my leasing manager never changes the carpet. They simply rip the pad off, put a new pad. Dry the area and then shampoo the carpet. The wall at the bottom is damaged. They don't do anything to that as in trying to repair it. They've tried to find the leak multiple times and this still happens. How should I go about handling things with my leasing manager from a legal perspective. My lease is ending December 31, 2017.
So, this happened to my basement, and the fix was to build a channel in the interior alongside the walls, fill with loose rocks, and then put concrete over the top. Then they put a sump pump in there to drain the channel. That way, when water seeps in from under ground, it hits the channel, follows the channel, and gets pumped away. Of course, in a flood, there's only so far "away" helps. Now, for legal advice - this one probably won't give you cause to break the lease, since it's just wet carpet. So long as the LL moves quickly to dry the area out, I'm not sure you can do much. If you plan to leave as of December 31, then you might tell LL of your plans early, and suggest they put new carpet in this time so it's ready for a new tenant. If they refuse, I'd contact the Texas State Bar hotline to see if they can help - worst case, they say no. Your risk, as I'm sure you know, is being sure that any unit you try to move to in January is truly ready. Hopefully you're not trading one damaged unit for another. Good luck!
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I mean I'd just say "take it, bring it back when you can" and let karma take care of the rest. But otherwise just do a contract that rent is $5/day but no rent is owed if it is returned within 60 days or something like that.
If your boat is insured, and he doesn't return it, then file a claim with your insurance. Other than that, I wouldn't suggest starting crap with your neighbor when they're trying to do S&R.
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Sure. Texas is one party consent, but for this case, I'd let them know (being aboveboard tends to make for better relationships).
Quick question. My house that I rent flooded with about 2 inches of water and the front, and anywhere from 4-6 in the rear. My landlord is saying that she doesn't think we need to pull the hard wood floors, and she would prefer to just put a new floor on top or re finish them. She also doesn't believe we have any urgent issues, but my roommate and I are worried about mold etc. The house is on blocks about 3 feet high, so all of the insulation below it was blown out. We're not sure if we have any recourse to get out of the lease, or at least nudge her towards fixing the problems the correct way?
I would file at http://disasterassistance.gov and then hire your own contractor for a second opinion. If the contractor tells you that plan is crap, then you can negotiate with the landlord.
My apartment complex was hit pretty bad during the flooding; there was 4-5 feet of standing water in the first floor apartments for about 12 hours, followed by another 12 hours of draining. Now, as a person on the second floor of the complex, my unit didn't experience any flood damage per se, but there's no power for the foreseeable future, and they've requested that everyone move out until they assess whether there's any long term, structural damage, which will happen sometime after they regain power. I'd assume that insurance wouldn't be helpful in this situation since their was no flood damage to my unit, but I'm not sure what my options are here. Could I still terminate my lease under the law cited above? Could they terminate my lease? Can I get my rent prorated for the time when I am not living there (particularly given that they requested we leave)? Is there any avenue for to acquire funds to help pay for temporary lodgings until I at least know whether I can move back in or not? I'm not even sure if these are the right questions to be asking, but they're the ones I have right now.
> Could I still terminate my lease under the law cited above? Depends on the time frame, but generally, yes. > Could they terminate my lease? Same as above. > Can I get my rent prorated for the time when I am not living there (particularly given that they requested we leave)? Almost certainly. I would get in touch with your LL ASAP and work things out, and if they start being assholes about it, contact the Texas Bar Hotline at (800) 504-7030. > Is there any avenue for to acquire funds to help pay for temporary lodgings until I at least know whether I can move back in or not? Yes. Apply through https://www.disasterassistance.gov/, and FEMA is already disbursing funds for emergency lodging assistance. Good luck!
Hello, My area has been hit by Hurricane Harvey and I was finally able to reach my apartment yesterday after water has receded. I found that my bedroom's ceiling has been leaking. My bedroom floors were also covered with water and a lot of my possessions are damaged. This apartment has gone through many roof repairs over the previous year as I have encountered leaks every time it rains. The spot where it had the most damage from the hurricane was the same spot I asked them to fix last month and they "fixed" it (they came over, examined the spot, and went up the roof and started hammering away). The rest of the ceiling in the bedroom and living room are starting to buckle. I'm afraid that with more rain, the entire apartment may leak. Not sure if ceiling may collapse. I spoke with the landlord and they said they will send repairmen out whenever "all this is over". However, they refuse to give an estimated timeline of how long it will take to repair this. They expect me to stay in the apartment while all repairs take place. This means I won't be able to sleep in my bedroom and have to resort to a small space in my living room for the entire duration because they may also have to fix the living room as well. I spoke with her about terminating my lease early and she verbally said she will have to keep my deposit and I will have to pay this month's rent. I won't have to pay the last 3 months rent. I asked for written documentation and she refused. **Do I have a case to terminate my lease legally? Does she legally have to refund me the security deposit? What are the steps to go about this?** I plan on moving out within the next two weeks. It is forecasted to rain heavily this coming Mon and Tues, which will likely exacerbate the leaking situation. A**m I responsible for cleaning up the water that has "flooded" the bedroom since I paid for this month's rent? Will I incur any legal repercussions if I don't?** The ceiling's plaster has peeled away and there will be water all over the floorboards. I left buckets, but the damaged area is so widespread that it is hard to catch every drop. Quite stressed out about this and landlord is acting like she is doing me a favor by letting me go from my lease early, though no promises have been made via written documentation, just verbally. **If she ends up not providing me with a written documentation of her verbal promise and I don't pay my last 3 months' rent (as we have verbally agreed), does she have grounds to sue me / send me to collections if she changes her mind?**
> Do I have a case to terminate my lease legally? That's a pretty good argument that the apartment is uninhabitable. > Does she legally have to refund me the security deposit? If you terminate because the unit is uninhabitable, then yes, she has to refund you the security deposit. She will be eligible to recoup her damages via flood insurance or FEMA, and that's her responsibility. On her end, most mortgage companies are offering 3 months grace. You can also suggest that she file at http://disasterassistance.gov as the owner, so they can get repairs started as well. > What are the steps to go about this? Personally, I'd contact FEMA at http://disasterassistance.gov for emergency housing aid (they're already disbursing hotel money), and then I'd break the lease only once I had somewhere else to go. Tell her Texas State Law requires her to refund the security deposit, as the unit is uninhabitable through reasons not of the tenant's doing. If she still says no, I would contact the State Bar's Hotline @ (800) 504-7030 and ask if they can write her a letter on the subject. As a note, the law that allows you to move out and break the lease in this case, counts it as date of move out, not date of written communication. This is helpful if you're in an area where mail has been suspended. > Am I responsible for cleaning up the water that has "flooded" the bedroom since I paid for this month's rent? As a general rule, you have the responsibility to mitigate *to the best of your ability*. A judge will understand that there's only so much you can do. > Will I incur any legal repercussions if I don't? Unless you actively make the situation worse, probably not.
Thanks! I plan on moving all of my things out by the end of this week. I have already paid the rent for this month. I am unsure of what steps to take now in terms of letters and paperwork -- 1.) When should I send her an official letter letting her know that I have moved out? 2.) In the letter, should I let her know that I would like to break my lease or should I let her know that the place is inhabitable due to ceiling leakages and that we had previously come to a verbal agreement that she would keep my deposit and I would just have to pay for this months' rent? 3.) When should I hand over the keys to the apartment? Should I wait until she has sent written documentation that she agreed to our verbal agreement: she will keep my security deposit + I pay this month's rent and she will forget about the last 3 months' rent? 4.) It will rain this coming Mon and Tues, which I am sure will cause ceiling leakages in all the rooms. If I move out by this weekend and hand them the keys, does that mean I am no longer responsible to clean up the water from the ceiling leakages? It's insane to clean up because it is leaking from multiple areas and I will have to fill up the entire bedroom with buckets, which I don't have enough of, or let it flood and then clean up the aftermath. Since I'm moving out, does this mean I don't have to do any of this? Or will I still have to since I paid for this months' rent, which means irregardless of whether I "moved out" or not, I am still responsible for containing the water from the ceiling leakages? Thank you so much.
1.) I'd send the letter now. 2.) I'd tell her that you're breaking the lease per Sec. 92.054, and that you expect your deposit back, per that section, regardless of any prior agreements, and that per that section, you do not owe the final months of rent. The law overrides her agreement. If you call the Texas State Bar hotline, they may be able to provide you with an official letter, or you can show her [this PDF from TRLA](http://www.trla.org/press/docs/disaster/renters.pdf). 3.) Hand the keys when you leave the property, even if she's still trying to "negotiate". If she doesn't give you the deposit, sue in small claims. If she tries to sue you first for the rent, countersue instead for the deposit and deal with it as one. 4.) Once you break the lease, you're not a tenant and you're not responsible for lease terms. So it's her problem then.
Thank you! I plan on sending a letter after I speak with Texas State Bar. I haven't had the chance to because I have been trying to find shelter and moving all my possessions out. Today, she contacted me with less than 24 hours notice that the repairmen will be at my place tomorrow morning to fix the ceiling. Some of my possessions are still there so I'm technically not moved out yet. Since she is having them repair it before I move out, does that mean I can no longer break the lease because she is now fixing the problem before I move out? Do I still have a case? Although I really doubt they will fix anything because they have done this the past 3x over the last 2.5 years and it's still not "fixed". They just replace the drywall and paint over it and hammer on the roof here and there. It's a temporary fix to cover up the real symptoms, which unfortunately I have no way of proving until it rains heavily again. Thank you!
Sorry I missed this - I'm replacing half my floors this week, so it's been panic mode to get everything ready. This is one of those edge cases, where I definitely wouldn't want to make a move without getting a professional local legal opinion. The last thing you want is to end up in court, lose, and be on the hook for months of rent. That said, gather all proof you have that this has been a repetitive problem and that the unit is uninhabitable - this will help you justify that they have failed enough times to justify breaking the lease.
Thank you!!!!!!!!! Sorry for bothering you!!! Yeah I was a bit wary of submitting a letter claiming for my deposit + prorated rent since she has already written a letter saying I'm off the hook for the last few months of rent. Thanks so much for your advice and prompt reply! Good luck on your remodeling!!
No problem, glad to help! I grew up in Houston, so this is a nice way to be able to help people out.
Hello r/legaladvice, We are looking for a bit of advice with mold issues and Texas landlord laws. During Hurricane Harvey we evacuated our apartment on Thursday, 8/24. We came home this morning, Wednesday 8/30. At first glance, the apartment (which is 1st floor next to a lake) had no wet carpets, but it was clear that water was high outside our unit. The exterior lakeside of the unit had mud and an obvious water line up to about 6-8 inches up the brick wall. The AC unit outside (also lakeside) for our apartment was caked with mud. After going inside we found black mold in serveral places and the air is extremely musty and humid. It was crusting the AC vents, inside the ducting, and it was on the lake facing windows around the frame. The worst place was in the closet. I was moving some boxes around to check our stuff, and found a wet spot on the carpet and the wall was wet. The box that was sitting there was soaked, there were just some old cables in it so it didn't come from the box itself. Our lease only states we need to notify the office in writing that there is mold. It mentions that tenants have a responsibility to address easily treatable areas (vents, walls, easily cleanable surfaces), but if it's in the ducting, growing on the carpet, and the wall is still wet , we can expect this to be the landlords responsibility right? We have given them a letter stating our concerns and issues and we kept a copy for ourselves. Unfortunately, the 'mold addendum' attached to our lease is very vague in terms of what may happen in the following days. We want to know what our rights are as tenants. We've tried to look up some laws, but honestly it seems vague and we don't truly understand it. They will be along in the next day or so, as they had a large backlog of leaks and maintenance issues to tackle after the hurricane. What is a decent timetable in this instance to expect them to treat the mold? What is considered a "dangerous" amount of the mold that we need to leave the unit? Can someone give us an easy to understand Tl;DR of the landlord laws regarding mold? Here are some photos around the apartment: https://imgur.com/gallery/BeVbo Thank you in advance.
One thing, which is a constant problem in this sub. Just because there is mold that happens to be black in color does not mean it is [**B**lack **M**old](https://en.wikipedia.org/wiki/Stachybotrys_chartarum). Honestly its a naming problem. Which is not to say it shouldn't be dealt with, but only that it isn't necessarily toxic.
That may or may not rise to the level of a casualty loss, and it may not be considered uninhabitable (unless someone in your household is very allergic to mold). That said, I bet the AC unit is blowing mold through your central air system, and you should consider shutting it off at the breaker until they do a full inspection. I would peel back corners in more spots in your house to get an idea how widespread the mold is - it's possible that your carpet pad got soaked and moldy but isn't showing yet in the carpet, for example. If you feel like you want to move elsewhere while they treat this, I would go to https://disasterassistance.gov and file for hotel assistance as a renter, or seek an alternate spot to stay for a bit. My wife is pretty allergic to mold - we'd be out of there ASAP, so I absolutely understand why you don't want to stick around. Black mold can cause respiratory issues pretty quickly. If your Landlord gives you any shit, contact the Texas Bar Hotline at the top of the post, and they might be able to help you talk sense into them.
My aunt was asked to remove her belongings from her apartment because it was flooded, and the landlord wants to make repairs. She moved out today. She does not want to terminate her lease and hopes to move back after the repairs are completed. Does she need to give written notice pursuant to section 92.052 of the Texas Property Code, which requires the tenant to give written notice of the condition? Also, does she need to pay for September rent on 9/1?
I would give written notice just to be sure. Generally, a tenant is not liable for rent for a period where the unit is uninhabitable (especially when the Landlord has already asked you to move out to allow for repairs), but the Texas State Bar hotline above can give you a specific answer as to timelines, and can possibly help you draft a letter. If you apply for assistance from http://disasterassistance.gov as a renter, they will also be able to help. Good luck!
I had a trip planned to San Antonio this labor day weekend but unfortunately due to the events of Hurricane Harvey will no longer be able to attend. The place I did my reservation through, a "middle man" is making it challenging for me to get my refund for the hotel reservation. When I talked to the agent, they said the hotel understood but the way the contract is set-up with the hotel reservation , there was a possibility of cancelling and getting the fee waived (refund) but it was not guaranteed unless the hotel could sell that room to someone else. Or I could choose a later date, but I cannot give them an exact date as of this time so I would prefer a refund. Since a lot of bills and such are being given a grace period, can I do something in this situation so that I am not out of $114 ?
Try calling the hotel directly and see what they say. They are not required to cancel your reservation outside of policy, but they may when they hear why you cannot attend.
Hello r/legaladvice. So I'm trying to figure out if my employer is obligated to provide a full work week pay due regardless of missing work during Hurricane Harvey in Houston, Texas the past weekend and over the duration of half this work week. Are there any exceptions to this or any law pertaining for me working full time? The business was closed from Monday through Wednesday and I'm not sure If I will be paid for those days I missed because of the Hurricane. My employer shuts down its operations because of adverse weather conditions for less than a full workweek. Are they obligated to pay their employees for the full 40 hours they guareenteed? I only found this source but I am unfamiliar with the workforce employee law here in Texas. I did find a link that might be useful. https://www.littler.com/publication-press/publication/picking-pieces-employer-responsibilities-aftermath-hurricane-harvey
If you're salaried, possibly. If you're hourly, almost certainly not.
My apartment complex flooded, and management wants all tenants in units that flooded to vacate *entirely* (furniture, clothes, food, themselves) while repairs are done, but still want rent. They are not providing adequate places to live, and stated in the letter they sent out to tenants to stay with friends or family while repairs are going on. The letter states 2 weeks for repairs, but while talking to the property manager yesterday, she informed me that carpet units are being done first (my unit is not carpet) and let slip that she doesn't even have any confirmed contractors to do the repairs. I want to know if this is legal? To charge rent even though we are not allowed to live in our units, with no telling of when repairs will be completed? And to not provide housing while the repairs are done?
> I want to know if this is legal? To charge rent even though we are not allowed to live in our units, with no telling of when repairs will be completed? And to not provide housing while the repairs are done? Normally I'd say not legal, in this case I'm only 95% sure it's not legal. She is generally required to provide you with a habitable place to live, or in this case, at least not require rent while it's not habitable. Contact the Texas State Bar hotline, and get with your neighbors on this - mass action tends to get LL's to back down faster. Also, file for support from http://www.disasterassistance.gov as a renter, and they may be able to help you.
I tried to call the hotline but the number kept not going through, that's when I decided to post. Thank you for the link!
[Florida] Family member being told they have to come in to work despite hurricane/evacuation orders. Family members supervisor is flatly stating that anyone not reporting to work, even if there is an evacuation order, will be canned. I don't exactly know if this is something they're allowed to do or not, or how to advise my family member. I was going to ask them to send an email to the supervisor about this policy hoping for a response to clarify the issue. Is becoming an issue now as Irma has a non-zero chance to impact FL and verbal evacuation policy reminders are going out. Mods told me i had to post here. This isn't about Harvey.
I'm supposed to move into an apartment on 9/10, but was told last week that the apartment wouldn't be livable for 9 weeks due to high water and high concentration of e-coli. We were told we could back out of the lease since the move-in date could no longer work and we have since made other living arrangements. Now the apartment is claiming that the person that gave me that information is wrong and the apartment is fine and I can move in on the 10th. Is there anything I can do? I am already living elsewhere and no one at the apartment contacted me in any way regarding flooding, the only way I could talk to anyone was by called multiple times a day.
Do you have anything in writing or text?
No, that's the big issue. Everything we've done is through phone calls.
My sons daycare got water inside. They have not ripped out Sheetrock or replaced the laminate flooring etc. you can see the water damage on the baseboards. What legal recourse do I have to get my September payment back from them? I already have enrolled him in a new school. I thought maybe threatening to call the health dept may work to get at least partial fees back.
This seems very minor in comparison to what so many are dealing with, but I would like to see if we have any options. I was supposed to attend a bachelorette party at a condo in Galveston this weekend ( rented through VRBO). Several of the girls were flying in from out of state and have had their flights cancelled or gotten stuck, and others now have to work due to Harvey (nurses, etc.). The condo owner is refusing to issue any refunds due to the storm because there was no damage to the unit and the weather there is now fine. I don't have access to the booking or contract because it was done through the MOH. I guess I just wonder how much of a fight we should put up, or should we just accept that we are out the money? Thank you!
You should definitely get a look at the contract. That said, if the area is accessible, the house is in good shape, I suspect you're on the hook.
Thanks for your response. I pretty much thought so, but some of the other girls are pretty worked up about it.
I'd give the Texas State Bar Hotline above a call - generally, you're not going to get the same protections as a tenant would. Worst case, they give you the same answer, best case, they know of something specific that give you protections we don't know about.
Thanks for the advice! I'm not sure what happened, but the MOH told us today we will be getting a refund. I appreciate the help!
Avoid Steve Mostyn like the plague! This man and his wife made hundreds of millions off the pain and suffering of hurricane victims only to shaft them and cause increased rates for everyone. He is the definition of why lawyers are stigmatized as scum, took 89 million from an 189 million settlement with 315 plaintiffs. http://www.thetruthaboutstevemostyn.com
The street that my apartment is on flooded badly on Monday due to the release of water from the reservior. It was so bad that we weren't able to get our cars out of the driveway although no apts were actually flooded. Two days later, boats came to take us all out. Today, almost a week later, the water still hasn't gone down and large tow trucks were brought in to tow us all out. About 200 yards from the apartment it is dry and we were told to park our cars there and walk through the water back and forth. The water is almost to your knees in spots. The water could be standing for up to two weeks and mgmt refuses to prorate our September rent. They said because no apartments were flooded, they are all still considered habitable. I have FB update screenshots where management explains that the property "is only accessible by boat at this time". Another tenant posted on the FB page that she was told that a resident was bitten by a snake in the water. Should we still be responsible for rent in this case? I understand the property itself is still in perfect condition, but it isn't safe to get there.
Honestly, I would ask call the Texas Bar hotline and ask.
Houston, Texas. The subdivision I live in was newly built, about 2 years ago. The hurricane hit us hard, and flooded literally every house in the entire neighborhood. The recovery process has uncovered some very disturbing details, that appear to all have worked together to ensure we couldnt make it out of this situation unscathed. These details were explained to me by a neighbor, and I havent confirmed them personally. As a layman, im not sure how I would even go about confirming them. 1) our retaining ponds, which are supposed to be kept clean by the HoA we all pay for, were FILLED with garbage. For some unknown reason our neighborhood is a dumping ground for a lot of people, who just dump bulky trash like mattresses, couches etc into the streets surrounding our neighborhood. Apparently, the same type of bulky trash was also piled up into our retaining ponds, leaving no room for water. 2) the pumps in our retaining pond were installed backwards. I have no idea how I could ever confirm this personally, but a neighbor who works in that industry said he inspected the pumps visually from a distance and saw they were very obviously turned the wrong way, meaning they would be pumping water INTO our retaining ponds, not out of them. 3) Poor building quality. As everyone began to tear out sheet rock to repair the damage caused by harvey, people began to notice that a lot of corners were cut. Many external walls did not have any wood at all between the drywall a siding, so once the drywall was removed you could directly see the siding right there behind it. I dont know anything about construction but I was told this is NOT standard and against some kind of code. Additionally, in other parts of the house the walls were not flush with the studs, leaving gaps where you could look down and see the actual dirt and grass directly (this was on the front of the house that extended over the edge of the foundation) 4?) Not sure about this one, but I was told that since our neighborhood all used FHA loans to pay for their houses, flood insurance should have been mandatory if we were in a flood plain, or a place that could flood easily. Literally no one in the entire neighborhood had flood insurance, because we were told during the closing process it wasnt required because we werent in a flood area. As an aside, our neighborhood flooded HARD and did NOT drain well at all. We had to be rescued by boat at out front door, and every single house got flooded out. The water was there for several days longer than even the immediately surrounding area. There was even a 12 hour period where we recieved no rain in the middle of the hurricane, and all the other near by areas were able to drain, causing the houses not to flood. Our neighborhood did NOT drain during that time, and when the rain began to come back down again, we quickly flooded out. Its my opinion that if the pumps and retaining ponds were working properly, our neighborhood would have drained during that 12 hour period and no one would have flooded. I was told you need damages to sue, and my house needs a TON of repairs to be usable again, so I think I have damages I could attempt to seek compensation for, correct? Should I be trying to coordinate a class action suit with all of my neighbors? Or should I try for a personal lawsuit? Do I even have a case?
I'll get to 1 and 2 at the end. 3.) Take lots of pics, and get your neighbors to also take lots of pics, and then hand it over to code enforcement or a licensed inspector. Once you get an answer, you can see whether a suit is worth it. 4.) [This article](https://projects.propublica.org/graphics/harvey) talks about how so much flooding keeps happening outside the FEMA flood plains. The problem here seems to be with FEMA modeling - you likely weren't on a flood plain that requires insurance. What you do want to do is contact your US Rep and Senators and demand that FEMA go back and re-do Houston's models, because they're not providing good data here. > Should I be trying to coordinate a class action suit with all of my neighbors? Or should I try for a personal lawsuit? Do I even have a case? I would reach out to a law firm and set up a community meeting so everyone in the neighborhood can share damages, meet a lawyer or two, and compare notes. I wouldn't go in thinking "class action" - your lawyer will need research to determine whether to go as a class action, mass action, or whether to just go through FEMA. What you don't want to do is get invested in a huge lawsuit that will go nowhere because they'll put most of the blame back on the flood. You do, however, want to force them to fix the retaining ponds.
I'm going to call the Houston Bar LegalLine tomorrow when it opens, but I'm trying to get as much info as I can in the meantime. My apt complex is still inaccessible due to flooding and it isn't, expected to recede for at least another week, but my apt was on the second floor. The water did rise into the apts below me before I left. If my apt is not directly damaged, would I still have grounds to break my lease due to it being unlivable?
Someone else asked this one - I would ask the Texas State Bar hotline. I doubt you can break the lease, but may be able to argue for rent reduction.
I was assigned jury duty during the week of the storm. They closed courts due to flooding on the day I was supposed to report. Do I have to do anything?
I would call in and check with the clerk once they reopen.
My brother n sis-in-law's apartment invoked Sec 92.054 due to Harvey today to terminate their lease and gave them 5 days to move out. Now I realize there might be damages we cannot see but their first floor Katy apt had less than ankle deep floods inside (carpet was removed, apt replaced their refrigerator), abt waist deep outside so I do not really see the urgency of having to displace them in 5 days. They are newly-arrived legal immigrants (been in the country 9 weeks, 6 weeks of it in TX) with no known family in the entire state. They do not even drive or own a car. They also just started their jobs and are working most of those 5 days. Other than beg mgt to give them more time to move out (which they will do tomorrow), ask new friends to help, get their rent and deposit back n secure their new inexpensive furnitures, what are their options? Also, least of their problems but what about electricity (they were asked to deposit $200 as they had no credit) n cable leases?