Understanding Landlord Responsibilities During Storms

Landlords have legal and ethical obligations to maintain safe and livable conditions for tenants. When storm damage occurs, these obligations are put to the test. Knowing what is required and what is beyond the scope of responsibility can protect landlords from legal issues and financial strain.

1. Key Responsibilities of Landlords

• Structural Damage: One of the primary responsibilities of a landlord is to maintain the structural integrity of a rental property. If a storm causes damage to the roof, walls, foundation, or other significant elements of the building, the landlord is required to make repairs in a timely manner. Delaying these repairs could leave the property vulnerable to further damage and lead to more expensive fixes later on.
• Essential Systems (HVAC, Plumbing, Electrical): Landlords must ensure that critical systems, such as heating, air conditioning, plumbing, and electrical systems, are functioning correctly after a storm. If any of these systems are damaged, it is the landlord’s responsibility to arrange for repairs. For example, if a storm causes a power surge that affects the electrical wiring, the landlord must address the issue promptly to avoid creating unsafe conditions. Neglecting repairs to these systems could lead to tenant complaints or, worse, legal action for unsafe living conditions.
• Safety Hazards: Any damage that results in safety hazards, such as broken windows, flooding, or falling debris, must be resolved by the landlord. These repairs must be completed to ensure the property is safe and secure for tenants. Immediate action may be required for storm-related hazards, as leaving them unaddressed can lead to further complications and potential legal liability.
• Common Areas: If a landlord owns a multi-unit property, they are responsible for ensuring that common areas such as hallways, staircases, parking lots, and shared outdoor spaces remain safe and usable. If a storm creates damage in these areas, the landlord must take swift action to clean up debris, remove fallen trees, or repair any structural damage. Common area repairs can also reduce the likelihood of tenant injuries or lawsuits related to unsafe conditions.

2. What About Cosmetic Damage?

In addition to addressing structural issues, landlords must also evaluate the extent of cosmetic damage. While cosmetic repairs like painting or fixing outdoor landscaping might not be urgent, it’s essential to keep the property visually appealing to maintain rental value. Unrepaired cosmetic damage may also dissuade potential renters from leasing the property.

While some cosmetic repairs can be deferred, ignoring them entirely may hurt a landlord’s bottom line over time. If the damage is significant enough that it affects the property’s habitability or presents a safety risk (such as siding or exterior paint that has been severely damaged and is deteriorating), it must be addressed promptly.

3. Hurricane Helene and Its Impact on Western North Carolina

In recent years, North Carolina has experienced an increase in severe weather events, with hurricanes making a notable impact. Hurricane Helene is one such storm that caused significant damage in Western North Carolina. Strong winds, heavy rainfall, and flash flooding were among the most dangerous elements of this storm.

Local authorities urged residents to evacuate low-lying areas, and many homes experienced roof damage, flooded basements, and fallen trees. Landlords in Western North Carolina, particularly those in the Asheville area, had to manage the aftermath of Hurricane Helene, addressing water damage, fallen trees, and power outages.

In situations like these, landlords must be proactive and prepared to address storm-related issues swiftly. Delays in making repairs can lead to more severe damage, angry tenants, and potential legal ramifications.

Hurricane Helene was a reminder that even areas of Western North Carolina, which are often thought of as more protected from the worst hurricane impacts, can be vulnerable to the fallout of significant storms.

For landlords in the region, ensuring properties are storm-ready and knowing how to respond quickly to damage are critical components of responsible property management.

4. Responsibilities When Tenants Face Displacement

Storm damage may sometimes render a property uninhabitable. In such cases, landlords need to be aware of their obligations to their tenants:

• Temporary Housing Arrangements: If a rental unit becomes uninhabitable due to storm damage, the landlord may need to provide temporary housing or cover the costs associated with finding alternative accommodations, depending on local laws or the terms of the lease.
• Rent Abatement: If the property is uninhabitable, landlords may be required to reduce or ultimately abate the rent until repairs are completed and the tenant can return to the home. Each state and locality may have different regulations regarding rent abatement, so landlords should be familiar with their region's legal requirements.
• Security Deposit Concerns: Tenants may worry about losing their security deposit if damage occurs. However, storm damage outside of the tenant’s control is not their responsibility, and security deposits should not be used to cover these repairs. Landlords should clearly communicate with tenants to prevent misunderstandings regarding the return of the security deposit.

What Tenants Are Responsible For

While landlords have a substantial list of responsibilities when it comes to storm damage, tenants also play a role in maintaining the property and mitigating risks.

1. Reporting Damage Promptly Tenants should report any storm-related damage to the landlord as soon as it occurs. Delayed reports could lead to additional damage, making the situation worse for both parties.
2. Keeping the Property Safe Tenants are generally responsible for taking reasonable steps to secure the property. For instance, bringing outdoor furniture inside before a storm or taking measures to prevent water damage inside the unit can go a long way in preventing further issues.
3. Tenant-Caused Damage Any damage caused by tenants’ negligence during a storm, such as failing to close windows or doors that allow rainwater inside, could make tenants liable for repair costs. In cases where tenants are found responsible for storm damage, landlords may deduct the cost of repairs from the tenant’s security deposit.

1. Steps Landlords Can Take to Minimize Storm Damage

Proactive steps can help landlords minimize damage during storm season. Preparing properties for potential storms can save time, money, and stress for both landlords and tenants. Here are some best practices:

• Inspect and Maintain the Roof: Regular roof inspections can help identify weak spots or leaks before they turn into significant damage during a storm.
• Clear Gutters and Drains: Ensuring that gutters and drains are clear of debris will allow water to flow away from the property, preventing flooding.
• Trim Trees and Shrubs: Overgrown trees and branches can become hazards during a storm, potentially damaging the property or injuring tenants. Regular trimming reduces this risk.
• Secure Outdoor Items: Fencing, outdoor furniture, and other exterior elements should be secured or moved indoors before a storm to prevent them from becoming projectiles.

2. How a Property Manager Can Help

Managing a property and ensuring tenant safety can be overwhelming, especially during and after storms. Hiring a property management company, such as Asheville Phoenix Properties, can relieve landlords of much of the stress involved.

3. Benefits of Working with Asheville Phoenix Properties

• We can advertise the property in the appropriate media: Asheville Phoenix Properties takes care of listing and advertising your property across the correct channels, ensuring maximum visibility and reducing vacancy times.
• We can interview and screen potential tenants: Finding reliable tenants is crucial. Our team conducts thorough credit history and residential reference checks to help secure trustworthy tenants.
• We can arrange property inspections and repairs: We conduct regular property inspections after tenant turnover, ensuring that your property remains in good condition. Our team will also arrange for any necessary repairs after storms or other incidents.
• We can help with lease preparation and execution: Whether it's preparing a new Residential Rental Contract or renewing an existing one, Asheville Phoenix Properties handles the details. We collect security deposits and manage their proper refund or use if necessary repairs are needed.
• We can help with regular property visits: We conduct two walkthroughs during a 12-month lease to ensure everything is in order. If additional visits are required, we can arrange these for an extra fee.
• We can take care of rent collection and repairs: Our team collects monthly rent, ensuring they are remitted to the owner after deducting management fees and repair costs. We also communicate with tenants regarding any repair needs and arrange for the necessary services.
• We help with year-end reporting and tax preparation: Landlords receive comprehensive end-of-year reports, including a 1099 form for tax reporting.
• We perform eviction management: Should a tenant fail to pay rent, Asheville Phoenix Properties will take the necessary steps, including handling eviction proceedings.

How We Help Take Away The Stress of Property Management During Storms

Storm damage is an unfortunate reality for landlords, but it doesn’t have to be a headache. By working with a reliable property management company like Asheville Phoenix Properties, you can focus on what matters most while we take care of the details.

From tenant screening to handling storm-related repairs, we ensure your property is well-maintained and that tenants are taken care of. If you’re a landlord in Western North Carolina and want to minimize your stress, contact Asheville Phoenix Properties today. Let us take on the responsibility so you don’t have to.