LANGLEY AIR FORCE BASE, Va. –
This article explores the landlord-tenant relationship and explains how it works as you prepare for and recover from a natural disaster.
The Landlord-Tenant Relationship
Landlord-tenant relationships go back hundreds of years and describe the contractual relationship between the owner of a housing unit, the landlord, and the one who rents, the tenant. The landlord and the tenant agree on a contract called a lease. The lease governs the relationship and includes obligations of each party to the other party.
In general, the landlord is obligated to supply the housing unit available for dwelling, and ensure the tenant can enjoy the unit without interference. The tenant agrees to compensate the landlord by paying rent, taking care of the dwelling, and informing the landlord of needed repairs.
The lease or renter's agreement fills out the details and explains what type of notice must be given to terminate or extend the lease, for the landlord to inspect the property, and for repairs to be made.
Before Disaster Strikes
Long before a natural disaster or other events damage your property, you should take several steps to minimize your risk of loss. First, you should purchase renter's insurance. Renter's insurance is a contract between a tenant and an insurance company. The renter pays a premium and receives coverage in the event a qualifying disaster or other loss occurs.
When purchasing renter's insurance, pay close attention to the deductable. This is the amount you will be expected to pay before the insurance company pays anything. Also, carefully review the terms of the coverage. Is damage from flooding covered? What about loss from wind damage? Hurricanes? Broken pipes? Tornadoes? What about loss from theft?
Once you have an insurance plan, inventory your belongings. Have a good idea of what items you own and their approximate value. Also, take pictures of your property so if you lost everything in a fire you could look at the pictures and come up with a list of what you lost.
Since your home computer may be destroyed, it's a good idea to save these photos on a personal email account or other remote service. Finally, review your lease to see how the lease assigns the risk of loss and damage between the landlord and the tenant. Typically, the landlord is liable for the structure, the exterior and fixtures such as plumbing, electricity, carpets and major utilities. The tenant is typically responsible for their personal items and small or personally owned appliances.
After Disaster Strikes
When a natural disaster strikes a tenant should first act to minimize any damage. Cover broken windows, catch water leaks in buckets, and dry out wet areas. Also, notify management immediately of the damage and ask them to fix the damage. If they authorize you to make repairs, get it in writing, ask for an amount limit, and keep your receipts. If the unit is still inhabitable, your obligation to pay rent continues.
Next, if your personal goods were damaged or destroyed, you should contact your private renter's insurance. To file a claim the insurance company typically wants a list of damaged goods, proof of their cost and value, and a payment for the deductable. The insurer may also send a claims adjuster to assess your damage.
After the storm, photograph the damages so you have visual evidence of your losses. If you must throw damaged property away (such as a molding couch or rotting clothing) document it by taking pictures and keeping inventory. If you spend money on emergency repairs or if you are forced to pay for a hotel, keep your receipts. Your insurance may cover some of these expenses.
If you live in privatized base housing (on Langley Air Force Base or Bethel Manor), a portion of your monthly payment goes to renter's insurance provided by Alliant Insurance. Damage to personal property from certain unusual weather or catastrophic events may be payable through the Air Force Claims Service Center. The center can be reached at 877-754-1212 or online at
https://claims.jag.af.mil.
Disasters are disruptive and destructive because they occur suddenly and with unusual force. While you cannot eliminate the risk of loss, by understanding your lease and planning ahead of time, you can minimize your risk and make it easier to return to normalcy.
(Editor's note: Capt. Eric Morley is an Assistant Staff Judge Advocate at the Legal Office. Legally Speaking is a monthly series that examines important legal topics relevant to the Langley community.)