Oct 23, 2024
Hurricane Helene caused widespread damage across North Carolina, with severe flooding and landslides disrupting communities, washing out major roads, and leaving many homes uninhabitable. As the state begins recovery, many North Carolina renters face the daunting task of addressing damage to their rental home. If you’re a renter who has been affected by the hurricane, here are some legal resources in recovering damages.
In North Carolina, renters are entitled to live in a habitable property where the home is safe, livable, and free from hazards, with working plumbing, heating, electrical systems, and compliance with local and state housing codes. In the context of a natural disaster, flooding, wind damage, or other destructive events may render the property uninhabitable. If your home has been damaged by Hurricane Helene and you’ve experienced the following, your home may not be considered habitable under North Carolina law:
A rental property is considered uninhabitable when it is unsafe for human habitation due to damage such as:
North Carolina law provides several protections for renters. As a renter, you have the right to demand habitable living conditions.
If your home has sustained damages and you are still living there, inform the landlord right away, and document your communications. Landlords are legally required to repair the home within a reasonable amount of time, but only if they are aware of the damage.
In cases where damage is extreme and your home has been deemed uninhabitable, landlords may be obligated to provide temporary housing or compensate you for living elsewhere.
If your landlord does not make necessary repairs in a timely manner, you might have options regarding breaking your lease. However, each situation is unique, and it's essential to consult with an attorney to understand your specific rights and the best course of action. Keep in mind that rent is still due until the lease ends, which is the day you vacate the property.
If you’re looking to request damages from your landlord, be sure to always document the situation. This includes making sure you are submitting your requests by email or text message, taking photos, recording videos, and maintaining a log of all communications with your landlord, including timestamps and dates. This evidence will be crucial in case of disputes over repairs or lease termination.
If you have renters' insurance, now is the time to file a claim for any personal belongings that were damaged by the storm. While many policies don’t cover flood damage, they often include coverage for wind damage, theft, or vandalism.
Contact your insurance provider as soon as possible. Provide detailed documentation of all damages, including photos, receipts, and an inventory of lost items.
Renters, especially ones without renter’s insurance, are encouraged to file a claim for FEMA assistance. This can include temporary housing, personal property, and other disaster-related expenses. The deadline for applying is within 60 days of the disaster declaration. Be sure to document and photograph all damaged property.
Tip: If your FEMA claim is denied, don’t give up. Denials can be appealed. Maintain detailed records of all communications and reach out to North Carolina Legal Services to answer your questions.
Even if you're unsure about whether you need an attorney to recover damages after a hurricane, consulting with a lawyer can help you understand your rights as a renter and ensure that you aren’t missing any important steps. At North Carolina Legal Services, our experienced attorneys are here to help you navigate the complexities of hurricane damage claims, including lease termination, landlord disputes, and compensation for lost property. Whether you're dealing with an uninhabitable rental or need guidance on how to proceed, we can provide the support and advice you need. Schedule a consultation today and take the next steps toward recovering from the storm.
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