Harvey Crisis Response Guide

03

RENTERS’ RIGHTS

CAN I GET OUT OF MY LEASE IF MY HOME IS DAMAGED? • If your lease says you can, or if you cannot live in any part of your rented home because of damage, you may be able to cancel the lease. • If you cannot live in any part of your rental unit, you must give your landlord written notice that you are canceling your lease. 
 • You should also ask in writing for a refund of your security deposit and any pre-paid rent from your landlord. 
 • You must give your new address to your landlord in writing to receive any refund. DOES MY LANDLORD HAVE TO LOWER MY RENT IF MY HOME IS DAMAGED? 
 • No. You cannot reduce your rent unless your landlord agrees or your lease gives you that right. Talk to your landlord and work out a deal. • If you cannot, then you may be able to file a lawsuit and seek a court order reducing your rent. Consider retaining an attorney to advise you on this strategy. 
 WHAT DO I DO IF I LOST MY JOB BECAUSE OF THE DISASTER AND CAN’T PAY RENT? 
 • If you do not pay rent, your landlord can give you a notice to vacate. Your landlord may later file an eviction case against you. • If your rent is subsidized by the government, you are entitled to have your part of the rent reduced. You should contact the agency that helps you with your rent to get a reduction. 
 • See Section I of this guide for information about how to get assistance with rent from FEMA. CAN MY LANDLORD MAKE ME MOVE IMMEDIATELY IF I CAN LIVE IN MY HOME? 
 • No. A landlord can only make you move by giving you a notice telling you to get out by a certain date and then filing a lawsuit after that date. • If your lease is expired, your landlord may be able to force you to move by giving you a 30-day notice. 
 • If your landlord locks you out and refuses to give you a key, contact your local justice of the peace. The justice of the peace may order your landlord to immediately unlock your door by signing a “writ of re-entry.”

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