Normally, disaster damage to an owner’s vehicle will be covered under the owner’s comprehensive auto coverage, although specific language in the policy and any express policy exclusions will control.
7.
The building that I own was damaged by the disaster and is uninhabitable and unsafe but one of my tenants won’t move out and won’t pay rent.
If the building is uninhabitable, contact the Division of Fire Safety or your local Town Health Officer. They will determine whether or not the property is unfit for human habitation, and could order the tenant to vacate the unit. Refer the tenant to FEMA for housing assistance.
If the inspector does not conclude that the rental unit is uninhabitable, but only that certain repairs need to be made, it is your duty as a landlord to make those repairs within a reasonable period of time. Notify your tenants of the hazards and give them an estimate of when repairs will be completed.
If the apartment is not uninhabitable and you nonetheless want your tenants to move out, you can offer to buy them out of the rental agreement (cash for keys) or you can terminate their tenancy by providing them with written notice and filing a complaint for eviction should the tenants overstay the termination date. Landlords should be encouraged to contact the Disaster Legal Assistance hotline at 1-800-889-2047 for referrals.
8.
I’m a landlord. Can I be liable to my tenant if he or she is harmed as a result of the condition of the property?
If the tenant was injured during the disaster itself and you had not negligently maintained the property before the disaster, the tenant’s injury will be due to an Act of God, and you cannot be held liable. If the tenant suffered the injury after the disaster because you failed to exercise reasonable care by making prompt repairs, affording notice to the tenants of possible problems in the apartment, or because you made repairs without exercising appropriate care, you may be held liable if the tenant is injured.
9. May I sue the local, state or federal government for damages caused by the employees of any local, state, or federal government in connection with the disaster?
Under some circumstances, the government may have liability if its employees were negligent and caused the damages. FEMA staff is immune from suit, even if they were negligent in the performance of their duties. Even at the state level, under the doctrine of “sovereign immunity,” governmental authorities are generally immune from liability for the negligent acts of their agents and employees. The doctrine of sovereign immunity normally applies to
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