Rights of Renters / Tenants After a Disaster Like a Flood

Frequently Asked Questions (FAQ)

Vermont Flooding - Updated 7/27/23

What should I do if my building or apartment needs repair?

Notify your landlord in writing – that can include emailing them. Be specific about what needs to be fixed and how it affects you. Once notified, the landlord has a reasonable time to make the repair. “Reasonable time” might be different during a disaster. Clear communication with your landlord is key. Learn about the steps to getting repairs.

Must I keep paying rent even though my apartment has been destroyed or damaged?

If conditions are such that you are able to stay in your apartment, you may owe rent.

Under Vermont law, you are not required to pay rent if your apartment is completely destroyed or so damaged as to make it uninhabitable. Give your landlord notice that you are vacating the apartment. If you choose, you may move out, stop paying rent, and you are entitled to have your security deposit returned.

I want to stay. If I stop paying rent or clear my stuff out, do I give up my rights to the rental unit? There aren’t many other places to live.

If you do these three things at the same time, the law considers you have abandoned your apartment:

you are behind in rent
you are staying elsewhere, and
you have told your landlord you are gone, or your landlord has tried to call you to see if you are gone.

If you stay somewhere else for a few nights, but your intention is to keep living in your apartment, communicate with your landlord (in writing such as an email so you have a record). Tell them you intend to keep your apartment. Make sure they can reach you.

May I withhold payment of rent if the landlord has failed to do timely repairs after the disaster?

The law allows rent withholding only after the landlord has been notified of a problem that materially affects health and safety, and fails to repair it in a reasonable time. All rented dwellings must have hot and cold water connected, and have a way of providing heat. The plumbing must work. Learn more about what is considered habitable. If the landlord does not correct the defects in a reasonable period of time, follow the steps on our Repair Problems page.

Learn more about your rights to repairs and the steps to take.

I want to leave. Can I get out of my lease early and get my security deposit back?

You have the right to terminate a lease if the premises have become uninhabitable. Your rental unit will be considered uninhabitable if it does not meet the standards set by the local housing code, or is otherwise unsafe or unsanitary.

A few examples of conditions that might make your residence uninhabitable are loss of heat, loss of plumbing or water, presence of toxic fumes, or large roof leaks. If these damages are caused by a sudden, non-manmade force, the landlord is under no obligation to repair the residence, but you may terminate the lease by vacating the premises and telling the landlord.

Once you terminate the lease, give your landlord written notification of your new address. The landlord has 14 days to either return the security deposit or provide you with a written list of the damages the landlord claims the tenant is responsible for, including unpaid rent. If the damages and unpaid rent are less than the amount of the security deposit, the landlord must refund the balance to the tenant within the 14-day time period. Learn more about getting security deposits back and your rights.

How can I recover my personal property from the rental unit?

Contact the landlord and determine whether the landlord:

knows anything about the condition of the property, and
has been able to do anything to secure the property.

You should be able to get into the property, even if it is uninhabitable, to get your belongings. However, if the property has been condemned and a notice barring entry has been posted at the site, special arrangements will have to be made for you to get your stuff. Contact the number listed on the notice barring entry for help.

If your landlord is not allowing you to get your belongings even though the property has not been condemned, read about the steps to take on our Lockouts, Shutoffs and Your Belongings page.

All my stuff was destroyed. What help can I get?

If you had renter’s insurance at the time of the disaster, take photos of the damage and losses and contact your insurance company. If your situation is desperate, make sure you describe your situation to the insurance company. If the company agrees that there is coverage, you can ask for an advance payment to cover a part of your loss. If your insurance company is not responsive, contact the Department of Financial Regulation. Learn how on this page. In addition to your insurance — or if you did not have insurance — register with FEMA and complete the application process.

If you did not have renter’s insurance, see if your landlord had insurance to cover your ruined stuff. Take photos of the damage and losses. If your losses are not covered by any insurance policy, you may be able to get help from FEMA’s Individuals and Households Program (IHP) grant for replacement of necessary items of personal property. You may also wish to contact the Red Cross. They may be able to help you.

We had some flooding. How much clean-up am I responsible for or have to pay for?

Make a plan right away with the landlord to remove your recoverable possessions from the property and to throw out your garbage and destroyed personal property. However, the landlord is responsible to do the main cleaning tasks in the unit such as tearing down drywall and must make the repairs within a reasonable period of time depending on the condition of the unit.

Your household can apply for Individual Assistance from FEMA for damage or loss of personal property. Learn how to apply to FEMA.

I stayed in a hotel because I couldn’t live in my rental unit. Who pays for the hotel?

You can call 2-1-1 to learn more about resources that may be available to help with housing.

FEMA may be able to help with temporary housing expenses. Reimbursement may be available for short-term lodging when the primary home is destroyed or unlivable as a result of the disaster. But there must be no other practical temporary housing options available within a reasonable commuting distance due to lack of available rental resources. Learn more about help from FEMA.

I have a Section 8 voucher and my rental unit was flooded. What should I do?

If you live in public housing, you should contact the Housing Authority that manages your apartment. The Housing Authority will make sure that the rental unit meets HUD’s Housing Quality Standards quickly.

If you are a Section 8 voucher holder you should contact the Housing Authority that manages your apartment or oversees your Section 8 voucher as soon as possible. You could be eligible for relocation assistance or FEMA assistance.

My landlord told me to move out the next day because he wants the apartment for a relative who lost her home in the disaster. He told me if I wasn’t out, he’d change the locks. Do I have to move?

No. Your landlord must serve you with notice of his intent to end your tenancy. The amount of notice your landlord gives you depends on the reason being given for the termination and usually is between 14 and 90 days.

Learn more about the rules and steps of the eviction process.

Learn what to do if the landlord locks you out of your home.

What should I do if my landlord is evicting me?

Eviction is the legal process of forcing a tenant to move out of a rental unit. You cannot be evicted until the entire process is over and you have been delivered a court order. Visit the Evictions section of our website to learn about your rights.

If the court sends you a Summons and Complaint for eviction, contact us right away for legal help.

What should I do if I cannot pay the rent because of job or salary interruptions following the disaster?

You should apply for Disaster Unemployment Assistance if you became unemployed, or if you were unable to work in your self-employed position as a result of the disaster. Vermont Department of Labor (VDOL) runs the program.

Can I sue my landlord for injuries I suffered in my apartment or office during the disaster?

If the injury results from the disaster itself and not from defects in the premises, the landlord is not liable for those injuries. However, you may sue and recover for injuries suffered if the injury was due to the landlord’s failure to properly maintain areas of the property before the disaster.

One example of this would be if the tenant was injured while attempting to escape from the property during the disaster and was hurt because the common fire escape was not in a safe condition even before the disaster began. If the injury results from the disaster itself, the landlord has no liability for your injuries.

If the landlord is aware of hazards in the unit and fails to fix them, or if the landlord makes attempts to make repairs but does so without using the appropriate standard of care, you may be able to sue the landlord for injuries you sustain that were proximately caused by the landlord’s negligence.

Contact a private lawyer to discuss these kinds of lawsuits. Visit the Vermont Lawyer Referral Service website or call 1-800-639-7036. Vermont Legal Aid and Legal Services Vermont cannot help you with these lawsuits.

May I recover damages against my landlord for property damage I suffered as a result of the disaster?

When the property damage results from a natural disaster and not from the landlord’s negligence, the landlord is not liable for such property damage.

May I recover damages against my landlord or the previous homeowner if they knew about the possibility of flooding and failed to inform me?

If the landlord or seller said nothing about the possibility of flooding, then you will probably not be able to recover any damages. Generally, the mere failure to disclose a fact known by the seller or landlord is not fraud. It is extremely unlikely that a tenant would be able to recover under a Consumer Fraud Claim because of a landlord’s failure to disclose that a property was in a flood hazard area.

If the landlord or seller made an affirmative misrepresentation about the possibility of flooding, the tenant or buyer may be able to sue the landlord or seller for fraud to recover for property damages or personal injuries. An example of this kind of an affirmative misrepresentation is if they told you, “No, this building is not in a flood plain,” but it actually was. If you knew, however, that the property could flood or did not rely on the affirmative misrepresentation, then you will not be able to recover damages. In limited circumstances, a claim might exist if the landlord actively concealed known past flooding (for example, painting over flood water marks on walls) and falsely represented that the property was not in a flood hazard area.

Can I recover damages against my landlord or the previous homeowner if they didn’t know about the possibility of flooding?

No.

I rent a mobile home that was flooded. What should I do?

Call 2-1-1 to learn more about resources that may be available to help with housing. You should also contact any insurance that you may have.

When you rent in a mobile home park, the owner of the mobile home is responsible for some things and mobile home park owners are responsible for other things. Learn more about getting repairs on our Health and Safety in Mobile Home Parks page.

Your household can apply for Individual Assistance from FEMA for damage or loss of personal property. Learn how to apply to FEMA.

I own my mobile home and I rent a lot. I can’t stay in my home because of no water / no roads / no septic. Should I pay lot rent?

It depends.

By law, park owners must provide adequate and reliable utility services. These include:

safe electrical service
potable water, and
sewage disposal.

They are responsible for running these services to a location on each lot from which they can be connected to the mobile home. This is called the “warranty of habitability.”

The warranty also requires park owners to ensure that these things are safe and fit for the purpose for which they were reasonably intended:

the roads
common areas, and
facilities within the mobile home park.

If you do not have these basic services, and the park owner got notice of this in writing from you or a government inspector, and the park owner has not made repairs within a reasonable time, then you have a legal right to withhold lot rent. You have a right to other remedies, too. See “Other things you can do” on this page.

Before you withhold rent: If you are thinking about withholding rent, you should talk to a lawyer first. You may be able to get free legal help. Fill out our form or call us at 1-800-889-2047.

Some people may choose to keep paying lot rent anyway, if they can afford to. Perhaps their home is in good shape. Maybe they want to keep living in the park in the future, and they think paying lot rent is worth it for the good relations with the park owner.

Learn more in the Mobile Home Parks section of our website.

How do I get help from FEMA?

Visit our page about getting FEMA assistance.

Need help?

If you live in Vermont, contact us if you have questions. Be sure to describe your problem.

More information

Read more about landlord - tenant topics.
Read more about mobile home parks.

Also on VTLawHelp.org

To top