What are my rights in the event of a flood as a renter?

Read your rental agreement.

It’s important to be aware of and understand the provisions in your lease before a flood strikes. Your lease outlines in which situations you may break your lease (lease termination) or cease paying rent (rent abatement) when your apartment is unlivable. After a flood, mold may grow and cause indoor air quality problems, especially if water is not removed promptly and blower fans and/or dehumidifiers are not used to dry out wet areas. (Note that landlords may also have hospital-grade EPA-approved disinfectants to kill mold on contact.)

Learn about state and local regulations pertaining to renters’ rights where you live.

Renters’ rights vary from state to state, and some communities have additional ordinances related to renters’ rights. They typically cover standards for minimum living conditions that must be met by landlords. Regulations more often pertain to a landlord’s responsibilities following a natural disaster rather than preventing flooding; they are generally responsible for any repairs to the property to make it habitable for tenants again. The only time that a landlord may be liable for flood damage to a renters’ belongings is if it is caused by negligence on the part of the landlord, such as ignoring a drainage issue on the property.

• See the Department of Housing and Urban Development’s Tenant Rights webpage to find specific information on tenant rights, laws, and protections in your state.
• Consider getting more information on renters’ rights in your area from a local tenant union. Tenant unions are building, neighborhood, city and sometimes statewide organizations made up of and led by renters to advocate for housing justice through education, organizing and advocacy.

If all else fails, consider relocating.

One of the advantages of renting is that moving is less of a hassle than for homeowners. If after taking the steps above, you feel that your flood risk remains too high, your landlord is unresponsive or negligent, or your rental agreement is too unfavorable, your best solution may be to move to an apartment in an area with lower risk or one that is better prepared for flood events. If you like your community and want to stay, you may be able to move to a different unit within the same building or complex, such as to a higher floor or to a building with its foundation constructed on higher ground, a unit in a new building, or a new house in the same community.

Additional Resources