Options available for tenants with storm damage

Sept. 30--For some area residents who have been displaced from their homes due to damage from Hurricane Florence there has been an added challenge of terminating a lease.

Jaimie Rowe of Jacksonville cannot return to her apartment at Wellington Apartments and is now living with family members as she looks for a house to rent.

While she was able to get out of her lease, Rowe said the process of dealing with damage to the apartment has left her leery of leasing and will be playing close attention to the details of any agreement she signs.

"I'm definitely more cautious," she said.

Rowe said she evacuated out of state before the storm and had no idea that she'd return to an apartment that was no longer inhabitable.

"Everything was ruined. (My apartment) was pretty much the worst of it," she said. "Everything was full of water and mold."

Rowe said she left the Tuesday before the storm and got back Thursday after and didn't know until she drove up that her apartment had been damaged from water through the roof. Rowe said she was never contacted by the management and didn't know anything about the damage until the manager told her when she drove up.

Rowe said she had 48 hours to vacate the apartment and was able to cancel her lease and get her security deposit after signing a waiver allowing them to remove her property, which had been ruined by the water damage.

Rowe said she will rent again and knows she is not alone.

"There are a lot of people looking for space right now," she said.

Christy Grifaldo of Grifaldo Properties, property management chairwoman for the Jacksonville Board of Realtors, said her property management company alone has had 11 tenants displaced as a result of hurricane damage to the residential properties where they live.

"We've had people displaced by tropical storms but nothing like this," Grifaldo said.

Grifaldo said they are working closely with the owners and tenants to help address each situation and they have some who are working to terminate leases and others who have chosen to go to temporary housing until the repairs are made and they can return to the property that was damaged.

Grifaldo said they don't make the determination of what property is uninhabitable or not, that is typically the insurance adjuster for the property owner.

While every situation is different and agreements between a landlord and tenant vary, there are options people have to protect their rights if the residence they are renting is damaged after a natural disaster such as Hurricane Florence.

Roger Cook, a staff attorney with the Wilmington office of Legal Aid of North Carolina, said the first step a tenant should take is determine if their written lease includes provisions specific to termination of lease and matters related to any extensive damage or destruction of property.

While a contract between a tenant and landlord is binding no provision can override state law.

"Anything in conflict with law in North Carolina; that is not an enforceable provision," Cook said.

If there is nothing in the lease that would otherwise address the issue, there are options a tenant can consider if their residence has been severely damaged by a disaster and is considered unsafe or unfit to occupy and the cost for repairs is greater than the amount of rent paid over a year.

In such cases, Cook said, North Carolina law requires notice of termination of lease within 10 days and payment of rent up to the time of departure.

If a tenant does not follow that process they still have the option to cancel their lease if the landlord does not make repairs to make the premises in a fit and safe condition within a reasonable amount of time.

"There are two different roads to go down in this situation," Cook said.

Cook noted that while state statute spells out some protections for tenants, leases are a contract between a tenant and landlord and they can always make an agreement of their choice if they abide by the law and it is a consensual agreement.

"It is a private arrangement between a tenant and landlord and everything is up for discussion," Cook said. "There is no obstacle to them reaching an agreement if both sides consent to it, provided that it follows state landlord-tenant laws."

Cook said there may be an agreement that the tenant will return once the property is repaired but a tenant is not required to pay rent for the time that they do not live there.

Cook added that tenants should also be aware that a landlord cannot force them out of a property or seize their personal property without a court order.

"They, by law, cannot take matters into their own hand," Cook said. "Self-help evictions are not allowed in North Carolina."

Cook said people can contact Legal Aid of North Carolina at 866-219-5262 to request to talk to a staff attorney about specific questions.

Laura Brewer, a spokeswoman for the North Carolina Office of the Attorney General, said each case is dependent on the lease and tenants with concerns can contact the Consumer Protection Division at 1-877-5-NOSCAM or ncdoj.gov/complaint.

Reporter Jannette Pippin can be reached at 910-382-2557 or [email protected].

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