Hurricane Harvey: Can I Cancel My Lease?

Hurricane Harvey: Can I terminate my lease? Do I have to pay rent if I moved out of my apartment due to flooding? Know your legal rights as a tenant after natural disasters.

Tenant Rights After Hurricane Harvey

Hurricane Harvey caused unprecedented damage to homes and apartments across Texas. Many renters were forced to evacuate or found their homes uninhabitable due to flooding and storm damage. Understanding your rights as a tenant in these circumstances is crucial.

Can I Terminate My Lease?

Texas law provides some protections for tenants whose rental units become uninhabitable due to natural disasters. Under Texas Property Code Section 92.054, if your rental unit is totally unusable for residential purposes, you may have the right to terminate your lease.

What Makes a Unit "Uninhabitable"?

A rental unit may be considered uninhabitable if it:

• Lacks electricity, gas, or running water
• Has significant structural damage
• Has extensive flooding or water damage
• Has mold or other health hazards
• Cannot be safely occupied

Do I Have to Pay Rent?

If your apartment is uninhabitable, you may not be required to pay rent for the period during which it cannot be occupied. However, you must follow proper procedures to terminate your lease or suspend rent payments.

Steps to Take

• Document the damage with photographs and videos
• Notify your landlord in writing about the condition
• Request repairs or termination of the lease
• Keep copies of all communications
• Consult with an attorney about your specific situation

Landlord Responsibilities

Landlords have a duty to provide habitable housing. After Hurricane Harvey, landlords must make reasonable efforts to repair damage and restore units to livable condition. If the landlord fails to make necessary repairs within a reasonable time, tenants may have additional rights.

Security Deposits

If you terminate your lease due to uninhabitable conditions caused by Hurricane Harvey, you should be entitled to the return of your security deposit, minus any legitimate deductions for damage that existed before the storm.