achieve a faster re-entry into the property by requesting the assistance of her local Town Health Officer or an inspector from the Department of Public Safety. The state or local official will be able to advise the landlord of his obligations to make repairs and inform the landlord of a reasonable timeframe for doing so, and will be able to advise the tenant of the degree of hazard from the defective conditions and how long it should take for the landlord to make the rental unit safe. The tenant is likely to be found eligible for emergency shelter and for rental assistance from FEMA.


If a tenant’s rental unit was habitable but the landlord forced the tenant out


because her own home was uninhabitable due to the flood, the landlord has engaged in an illegal eviction. Pursuant to 44 CFR 206.111, a renter is considered displaced by the disaster where the landlord has taken possession of her dwelling unit because the landlord’s primary residence was destroyed, thus, the renter may be eligible for FEMA rental assistance. The tenant could raise a claim against the landlord for the emotional distress associated with the illegal eviction and any out-of-pocket costs.


The Warranty of Habitability For a violation of the warranty of habitability to be actionable under 9 V.S.A. §


4457, a tenant must show that there was a defective condition in the rental property that materially affects health and safety, that the landlord had actual notice of the problem, and that the landlord failed to make repairs within a reasonable period of time. Damage from an Act of God constitutes a defective condition, but in order for a tenant to have an actual claim, the damage would have to be more than cosmetic and the tenant would have to show that the landlord failed to make repairs within a reasonable period of time after receiving notice of the problems.


If the damage from the disaster is so severe that it has permanently destroyed the


rental unit, the rental agreement between the landlord and tenant is terminated. Similarly, if the damage will take months to repair, the tenant has a strong argument that his rental agreement is terminated. The tenant should provide written notice to the landlord that she is considering her rental agreement terminated due to damage from the disaster, return keys, remove salvageable items and dispose of rubbish, and provide the landlord with a forwarding address for return of her security deposit and pro-rated rent from the month of the disaster. The tenant is likely to be found eligible for FEMA assistance.


If a rental unit is only temporarily uninhabitable, the tenant need not pay rent for


the period of time in which she could not stay at the apartment. If the landlord makes repairs rendering the rental unit fit for human habitation within a reasonable period of time, the landlord has not violated the warranty of habitability, and the tenant cannot break his lease. The tenant is likely to be found eligible for rental assistance from FEMA.


If the rental unit is damaged but the tenant is still living there, she should send the


landlord notice, in writing, and give verbal notice of the defective conditions present at the property. She can consult with her local Town Health Officer to determine an


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