written notice of her intent to withhold rent, sue for damages, seek an order from the court, or make the repairs herself, and set a date for the landlord to make repairs to avoid the tenant exercising these remedies. Withheld rent should be placed in escrow.
5. My apartment is so bad I cannot live in it and I am going to move. I want my security deposit returned. What are my rights?
A tenant has the right to terminate a lease if the premises have become uninhabitable. The premises will be considered uninhabitable if it does not meet the standards set by the local housing code, or is otherwise unsafe or unsanitary. A few examples of conditions that might render your residence uninhabitable are loss of heat, loss of plumbing or water, presence of toxic fumes, or large roof leaks. If these damages are caused by a sudden, non-manmade force, the landlord is under no obligation to repair the residence, but the tenant may terminate the lease by vacating the premises.
Once the tenant terminates the lease, the tenant should provide the landlord with written notification of the tenant’s new address. The landlord has 14 days to either return the security deposit or provide the tenant with a written list of the damages the landlord claims the tenant is responsible for, including unpaid rent. If the damages and unpaid rent are less than the amount of the security deposit, the landlord must refund the balance to the tenant within the 14 day time period.
7. What if I do not have any renter’s insurance on my property?
If you did not have renter’s insurance, see if your landlord had insurance to cover your belongings. If your losses are not covered by any insurance policy, you may be able to get help from FEMA’s Individuals and Households Program (IHP) grant for replacement of necessary items of personal property. You may apply for these benefits through FEMA at 1-800-621-3362. You may also wish to contact the Red Cross, which may be able to help you.
8. All my stuff was destroyed when the roof fell in on the place I rent. What help can I get?
If you had renter’s insurance at the time of the disaster, contact your insurance company. If your situation is desperate, make sure you describe your situation to the insurance company; if the company agrees that there is coverage, you can ask for an advance payment to cover a part of your loss. If your insurance company is not responsive, contact the Vermont Department of Banking, Insurance, Securities and Health Care Administration at 802-828-3301, by fax at 802-828-3306 or via email at
www.bischca.state.vt.us. As a supplement to your renter’s insurance, or if you did not have renter’s insurance, register with FEMA and complete the application process.
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