Natural disasters like wildfires or floods can affect residential tenancies. Tenants must pay their rent while evacuated during a disaster. Landlords must ensure the rental unit is safe and livable before tenants can move back in.
Tenants and landlords may have trouble contacting one another during a disaster or while evacuated. Tenants and landlords must provide each other with contact information such as a phone number or email address.
Tenants and landlords should take photos and videos of the rental unit after a natural disaster. If the rental unit is damaged beyond repair and is unlivable or unsafe, the landlord and tenant should make a written agreement to end the tenancy because of the disaster.
Once the tenant and landlord have agreed to end the tenancy, the tenant no longer has to pay rent. The landlord must return any rent paid after the agreement is made, as well as the damage deposit and any pet deposits.
Example: A tenant paid rent for a full month but the rental unit flooded and the tenant and landlord agreed to end the tenancy on the 15th of that month. The landlord would need to return half of the rent.
If a rental unit was damaged during a natural disaster, the tenant should give the landlord written notice about the damage so they can start repairs.
Landlords are responsible for making sure rental units meet health, safety and housing standards. Often, the landlord or the landlord's insurance will pay for repairs from a natural disaster.
Tenants should keep paying rent during repairs and should make a written agreement with the landlord about rent payments during repairs.
If the landlord fails to make important repairs after a natural disaster, they may be breaching a material term of the tenancy.
Tenants who believe that their landlord is breaching a material term should:
The landlord must ensure that the rental unit meets all health, safety and housing standards before tenants can move back in after a natural disaster. Landlords do not have to meet with local governments before letting the tenant back into the unit. The landlord should get the unit inspected if there are health and safety concerns.
Natural disasters can force dispute resolution proceedings to be delayed or rescheduled.
Tenants must pay rent during an evacuation. If tenants can't pay as they normally would, they should discuss other options with their landlord.
Tenants should talk to their landlord about compensation for not being able to use their rental unit during the disaster. If a landlord does not address the request, tenants can seek dispute resolution for a temporary order to reduce rent.
Unless otherwise stated in the tenancy agreement, tenants are responsible for finding alternate accommodations after a natural disaster if they cannot live in their rental unit.
Tenants should check their insurance policy to see if temporary housing expenses after a natural disaster are covered.
Tenants are responsible for their personal belongings. Landlords can't be held responsible for damage to personal belongings during a natural disaster.
Tenants should consider tenant's insurance as a way to protect their belongings in the event of a natural disaster.
Landlords have a responsibility to repair damage and ensure the rental unit is safe and livable before a tenant moves back in after a natural disaster.
Landlords must give tenants:
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