Landlord Tenant Issues Following Hurricanes Laura/Delta
Hurricane Laura and Hurricane Delta wind and flood damage have impacted individuals and businesses in South Louisiana. Insurance Payments as well as Federal and State Resources may help mitigate some of the losses. However, other property issues are involved such as the obligations of landlords and tenants.
Following a hurricane, these are several laws, and the written lease itself, that a landlords and tenants must refer to address their obligations.
One of the many laws deals with the Hurricane’s destruction of the property.
If the leased property is totally destroyed, the lease terminates. If the leased property is partially destroyed or its use is otherwise substantially impaired, the lessee may, according to the circumstances of both parties, obtain a diminution of the rent or dissolution of the lease, whichever is more appropriate under the circumstances. If the lessor was at fault, the lessee may also demand damages.
The Louisiana Civil Code Articles addressing these issues are:
Art. 2714. Expropriation; loss or destruction
If the leased thing is lost or totally destroyed, without the fault of either party, or if it is expropriated, the lease terminates and neither party owes damages to the other.
Art. 2715. Partial destruction, loss, expropriation, or other substantial impairment of use
If, without the fault of the lessee, the thing is partially destroyed, lost, or expropriated, or its use is otherwise substantially impaired, the lessee may, according to the circumstances of both parties, obtain a diminution of the rent or dissolution of the lease, whichever is more appropriate under the circumstances. If the lessor was at fault, the lessee may also demand damages.
If the impairment of the use of the leased thing was caused by circumstances external to the leased thing, the lessee is entitled to a dissolution of the lease, but is not entitled to diminution of the rent.
Several of questions you may have about the topic may include:
- Can my landlord evict me because of flood or fire damage?
- What if I live in subsidized housing?
- Do I have to pay rent if flood or fire damage forced me to leave my apartment?
- Can I cancel my lease because of flood or fire damage to my apartment?
- Who must repair damages to the residence caused by the flood or fire?
- Who must repair/replace my property damaged by the flood or fire?
- What can I do if my landlord does not make repairs?
- What can I do if my landlord makes repairs but I cannot stay in the house while he does it?
- Where can I get help for flood and fire damage or losses?
You may find the answers to these questions at https://louisianalawhelp.org/resource/flood-and-fire-victims-rights-as-tenants#i82403A24-848D-4E61-8106-A72A85994ABE
For a further explanation of the obligation of the landlord and tenant as well as the eviction process and related defenses, See, https://law.loyno.edu/sites/default/files/landlord_tenant.pdf
Landlords and tenants that have insurance claims should consider whether they have been properly paid under the terms of their property insurance policies. If we can help you in any way, do not hesitate to contact us. The evaluation of your Hurricane Laura insurance claim and Hurricane Delta insurance claim is free. There is no cost and no obligation. Let us get you the money you deserve. Submit your case evaluation today. If you prefer, you may contact us at 225-343-0444 or toll-free 1-866-558-9151