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Hurricane Katrina: Legal Issues - Columbus School of Law

Hurricane Katrina: Legal Issues - Columbus School of Law

Hurricane Katrina: Legal Issues - Columbus School of

Hurricane Katrina: Legal Issues From KatrinaLegalRelief Contents 1 Introduction 2 Landlord / Tenant Law 2.1 General Law 2.1.1 Landlord’s duty to repair 2.1.2 Notice regarding repairs 2.1.3 Lease termination 2.2 Questions and Answers 2.3 Residential leases 2.3.1 Lease termination 2.3.1.1 Must a tenant continue to lease a home that has been destroyed? 2.3.1.2 Must a tenant continue to lease a home that has been damaged or partially destroyed? 2.3.1.3 Must a tenant continue to lease a home in a disaster area if it was not destroyed or seriously damaged? 2.3.1.4 May a landlord evict a tenant so that another family who was displaced by disaster can live there? 2.3.1.5 May a landlord refuse to make repairs to rental property that is substantially damaged but not destroyed? 2.3.2 Payment of rent 2.3.2.1 Must a tenant pay rent during the time a home is uninhabitable because of damages by natural disaster, if the tenant intends to continue the lease? 2.3.2.2 Must a tenant pay rent during a period of mandatory evacuation? 2.3.2.3 May a landlord evict a tenant for nonpayment of rent following a disaster? 2.3.2.4 Is there assistance available to a tenant who is unable to pay rent as a result of a disaster? 2.3.3 Tenant abandonment 2.3.3.1 What should a landlord do if a tenant evacuated and has not returned? 2.3.4 Eviction 2.3.4.1 What procedure must a landlord follow to evict a tenant for nonpayment of rent? 2.3.4.2 What can a tenant do to stop an eviction for nonpayment? 2.3.4.3 Are there any defenses to eviction for nonpayment? 2.3.4.4 What must a landlord do to evict for breaches other than nonpayment? 2.3.4.5 May a landlord evict without going through court? 2.3.4.6 What should a landlord do with an evicted tenant’s propery? 2.3.4.7 Is a landlord liable for damages to a tenant’s personal belongings as a result of a natural disaster? 2.3.4.8 Are damages to a tenant’s property covered by the landlord’s insurance? 2.3.5 Security deposits 2.3.5.1 What must a tenant do to get a refund of a security deposit? 2.3.5.2 When can a landlord keep a security deposit? 2.3.5.3 What can a tenant do if the landlord improperly retains a security deposit? 2.3.6 Rent increases 2.3.6.1 Can a landlord increase rent during a state of emergency?

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