Dallas Landlord Responsibilities During and After a Flood
5/25/2021 (Permalink)
Apartments buildings all over the state faced water damage from the February 2021 storm. During extreme weather events like these, landlords and tenants alike have many questions about what to do. Flood damage is stressful for everyone involved, so this guide helps you sort it out.
Landlord Responsibilities
Per law, a landlord must repair anything concerning the dwelling that affects the physical health and safety of ordinary tenants. Landlords should do reasonable maintenance to prevent flooding from plumbing failures.
Landlords are also responsible for any damage brought on by events such as fire, hailstorms, hurricanes, and flooding. When this occurs, the landlord should initiate a casualty loss claim with their insurance carrier, but they are not required to begin repairs until the claim has been paid out.
Tenant Responsibilities
Regardless of what state the property is in, the tenant must continue to pay the rent according to the lease terms. If they choose to do repairs to the property out of pocket, they cannot deduct this expense from their rent payment without a written agreement to do so.
Tenants should use the water features of the property responsibly. During the winter, apartment properties often post reminders to leave faucets dripping during a freeze. This prevents burst pipes that cause flooding.
Landlords are not responsible for the tenant’s loss of personal property. This is why many property managers urge tenants to get renter’s insurance to replace personal items.
When the Units are Partially Uninhabitable
Sometimes flooding makes a dwelling uncomfortable but still okay to live in while repairs are being done. In this case, the tenant has the right to ask the landlord for reduced rent while repairs are in progress.
When the Units are Fully Uninhabitable
When a dwelling is missing walls, a roof, or has a hazardous condition such as sewage contamination, the tenant may give notice to the landlord to be let out of their lease.
However, if the flood damage is the result of the tenant’s actions (or a guest of the tenant) and not an “act of God,” the tenant is not entitled to reduced rent or prematurely ending a lease term.
Organizations like the Red Cross, FEMA, or the insurance company for the property may be able to help tenants find temporary housing if the unit is unlivable.
Call SERVPRO of Dallas for Comprehensive Flood Damage Restoration
From a single-family home to a large apartment building, SERVPRO of Dallas handles it all when it comes to water damage restoration.
As the preferred provider of restoration services for many top insurance providers, SERVPRO works directly with your insurance company to make the claims process run efficiently. We start by preventing secondary damage that could result in a partial or full denial of your insurance claim.
Our mission is to make properties fully inhabitable again with aggressive anti-mold measures and full restoration of the property back to its preloss condition. Call SERVPRO of Dallas 24/7 for emergency contact at (972) 986-7677.