Common Housing Issues After a Disaster

• Your ability to end the lease early after a disaster – so you can move without paying any more of the rent – depends on several factors, including:
  • The content of your lease. Some leases provide options for ending the lease early. You might find this content in a section of the lease titled “termination provisions.”
  • Your landlord. Your landlord could simply agree to let you end the lease early, no matter what the lease says. If so, get this agreement in writing.
  • The amount of damage to your home and how long it will take to repair it. Most state laws say tenants have the right to safe and livable housing, no matter what the lease says.
  • NM Resident’s 7-Day Notice of Termination of Lease

After a disaster, some landlords try to rent a property at a higher rate, so they evict tenants to make room for someone who can afford to pay more. Some landlords see an opportunity to illegally evict tenants when a disaster causes courts to close or tenants to temporarily evacuate.

• Check your lease. Take a close look at what the lease says about when the landlord has the right to evict you.
• Check local laws – see this comprehensive New Mexico Renters’ Guide for New Mexico laws governing landlords and tenants.

• If the U.S. president declares a major disaster or emergency for your area, keeping your subsidy may become easier.
• HUD may let public housing agencies give families one or more extensions of their voucher term.

• People who live in public housing or receive Section 8 assistance can usually have the rent reduced when they have a loss in income.
• To get this reduction, you must notify the public housing agency in your area.

• Make a written list of everything that was damaged and describe the damage.
• Take photos and videos.
• Do this even if you and your landlord agree on repairs.

• Notify your landlord or property manager by sending a written notice.
  • Should include your list of damages, photos, and videos.
  • Should also include a request to complete the repairs by a specific date.
  • Keep a copy of any communications and documents between you and your landlord, including letters, emails, phone calls, and text messages.

• If repairs aren’t being made, you could report this lack of action to the local health department or housing code enforcement office.

• Some leases give you the right to lower your rent payments until your landlord repairs the damage to your home.
  • This language may be in a section of the lease described as “rent abatement.”

• In NM, tenants have the right to stop paying rent until major damage is repaired.

• This is the company you borrowed money from to buy your home. Many lenders will offer a grace period as you recover from a disaster. During this grace period, you may not have to make your monthly payment.

• Force the issue.
  • The U.S. Department of Housing and Urban Development (HUD) suggests a few options to help change the lender’s mind.
  • Talk to a HUD-approved housing counselor. They can guide and assist you.
  • HUD’s tips for ways to keep your home.

• Make a written list of everything that was damaged and describe the damage.
• Take photos and videos.
• Collect any receipts you have that show what you paid for things that were damaged.
• Get estimates for the cost of repairs as soon as you can.

• Follow the steps explained in your insurance policy for filing a claim.
• Contact your insurance broker if you have questions.
• Keep copies of all information you submi

• The insurance adjuster is an expert the insurance company often sends to a person’s home to see what has been damaged and how bad the damage is.
• Be ready with your list of damaged things, purchase dates and receipts, and cost estimates for repair or replacement.
• Take notes on what things the adjuster does and doesn’t look at when in your home.

• If you disagree with the decision, contact your insurance agent or the insurance company’s claims department manager.
• Calmly explain why you disagree.
• Take notes during the discussion.
  • Include the date and what was said.
• If you send other documents to the insurance company, keep copies.

• An insurance ombudsman is someone appointed by the government to investigate consumer complaints.
• Regulators include state insurance commissions.
• For insurance complaints in NM, click here.
• gov’s State Consumer Protection Offices finder includes insurance regulators in its listin

• Arbitration and mediation are ways to resolve the dispute without having to file a lawsuit in court.
• Arbitration and mediation can cost a lot of money.
  • Find out ahead of time how much you might have to pay.

• You’ll likely need an attorney. These lawsuits can be challenging and complicated.

• Find out if the Low Income Home Energy Assistance Program (LIHEAP) can help you pay your cooling and heating bills. This federal program can help with bills for electricity, natural gas, propane, fuel oil, or wood.

• Ask if the company has any policies or programs that protect customers from utility shut-offs during emergencies.

• Even if this office cannot help you directly with a bill, the office may be able to give you a list of organizations that can.
• Click here to find your consumer protection office.

• Look for information on energy assistance programs, consumer protection, or emergency preparedness.
• In some areas, the law lets you sue for damages if your utilities are shut off improperly.

• Provide your property deed.
  • To request a copy of the deed for your home, contact your county recorder’s office.
• If you can’t get the deed, you could provide proof with:
• Mortgage documentation.
• Homeowners insurance documentation.
• Property tax receipt or bill.
• Home purchase contract.
• Last will and testament (with death certificate) naming you heir to the property.
• Receipts for major repairs or maintenance dated within five years prior to the disaster.
• Letter prepared after the disaster from a mobile home park owner or manager.

Visit the FEMA website for more information on proving home ownership.

What if a home is owned by a person who died and the property was not transferred to another person before their death?

• Probate
  • Legal process for deciding who gets the person’s money and belongings.
  • A probate court will usually oversee the distribution of the money and property to the deceased person’s heirs or beneficiaries.
• What if many people say they own the home?
• A court may need to decide, based on the available evidence, who gets to own it.

If you were renting, FEMA will accept any of the following documents as proof that you’ve been living there:

• Lease or housing agreement.
• Rent receipts.
• Utility bill (for example, electricity, gas, water, or sewer).
• Pay stub.
• Bank or credit card statement.
• Driver’s license, state-issued identification card, or voter registration card.
• Medical provider’s bill.
• Motor vehicle registration.
• Affidavit of residency or other court documentation.
• Documents from a social service organization, such as a welfare agency or Meals on Wheels.
• Written statement from a public official, such as a police chief or mayor. This statement should include their contact information and your name, address, and when you lived there.
• Letter or mail delivered to your address from an employer, public official, social service organization, local school or school district, or mobile home park owner or manager.
• Visit the FEMA website for more information on proving occupancy.
• If you were renting, FEMA will accept any of the following documents as proof that you’ve been living there: