Flood FAQs
The Local Flood Assistance Center closed on January 27, 2006.
Local Flood Assistance Center
2261 Elm St, Building K, Napa, CA | MAP
M-F from 10:00 am to 5:00 pm
City of Napa Flood Hotline: 258-7813 or 258-7817
To donate to Catholic Charities please call: (707) 224-4403
To donate to the 'Neighbor's Fund' pleases call: (707) 254-9565
To donate to the Napa Red Cross please call: (707) 257-2900
To volunteers please call the Volunteer Center: (707) 252-6222
Landlord/Tenant Rights and Responsiblities: (707) 224-9720
Landlords with available housing should contact Catholic Charities: (707) 224-4403
My rental was flooded, what can I do?
Napa County, the City of Napa, Red Cross and Napa Valley Non Profit Coalition working together created the Local Flood Assistance Center. The Center opened on Wednesday, January 4, 2006 and is located at the County Health and Human Services campus at 2261 Elm St, Building K. The Flood Assistance Center’s phone number is (707) 299-1977. The Center will be open from 10:00 am to 6:00 pm, 7 days a week. Services will be provided in English and Spanish.
_____________________________________________________________________________
The information on this website is not to be taken as legal advice. If you have any questions, feel free to contact our office. For legal advice or interpretation of the law please consult a local housing attorney.
This site was designed to inform landlords and tenants each party's rights and responsibilities in accordance with the Civil Code.
During a flood there are four general scenarios that arise between tenants and landlords:
1. Both landlord and tenant want to cancel the rental agreement;
2. The landlord wants the tenant to move out however the tenant wants to stay;
3. The landlord and tenant want the tenant to stay; and
4. The landlord wants the tenant to stay however the tenant wants to leave.
Below is an explanation of each party’s rights and responsibilities. If you have any questions, please call our office: (707) 224-9720.
1. Both landlord and tenant want to cancel the rental agreement
Scenario 1: A landlord and tenant agree that the tenant will vacate. In order to begin repairs, the anxious landlord enters the tenant's home. Since he only finds water damaged furniture, the landlord assumes that the tenant has already cleared out everything they want to keep. The landlord pulls up a trash can and fills it with the tenant's ruined posessions: couches, mattresses, tables, clothes and food. The next day the tenant comes back to recover some of their remaining posessions that they intended to repair. The tenant finds the door locked. Tenant calls the landlord and the landlord tells him that he has already cleared out all of the tenant's posessions. The tenant explains that they had not yet finished cleaning and that among the posessions thrown away were some antiques. Also, inside one of the dressers that was thrown away there was a diamond ring. The landlord could be held accountable for all of these damages since they entered the premesis and threw away the tenant's posessions without the tenant's knowledge or consent.
Although the tenant wants to vacate, the landlord cannot enter the unit without permission or notice. The best way to handle this situation is to communicate with the tenant and arrange with the tenant for them to vacate in a flexible, convenient, expeditious manner.The tenant still possesses the property and is entitled to privacy. Unless landlords or tenants file a 30-day notice or all parties mutually agree to terminate the tenancy, the landlord has not begun to regain possession of the dwelling.
Landlords should provide tenants with the time they need to vacate and salvage their remaining possessions. If the tenant seem unsure of how long they need to move out, a landlord can always facilitate the tenant’s move out by assisting the tenant with moving costs, refunding their tenant’s deposit, or moving the tenant into a different, dry unit. None of these incentives are required, but may be worth the investment if they permit repair crews to fix the problems allowing the landlord to being re-renting the dwelling.
2. The landlord wants the tenant to move out however the tenant wants to stay
It is important for a landlord to remember the tenant’s right to notice to vacate and the value of their possessions and privacy, regardless of the damage caused by the flood. Albeit the unit may not technically inhabitable, the tenant is still entitled to a 30 day no cause notice to terminate tenancy. The only agency that can ask a tenant to vacate immediately is the City Building Department. If a landlord attempts to coerce or intimidate a tenant out of their unit, they could be held responsible for damages in accordance with Civil Code 1940.2.
A landlord can always serve month-to-month tenants with a 30-day no cause notice to terminate tenancy even if a tenant wants to stay in the damaged or destroyed unit. The landlord cannot require the tenant to immediately vacate without an order from the Building Department. Any attempt by the landlord could violate the tenant’s rights in accordance with Civil Code 1940.2.
Given Napa’s lower than average vacancy rate and the impact of the flood on the available housing, it is important to give tenant’s enough time to vacate and salvage their remaining and damaged possessions. Landlords should not automatically serve tenant’s a 30-day notice and expecting them to move out in time. In doing so landlord could end up having to go to court to evict a trapped tenant that is unable to move out or into another unit. Landlords and tenants should communicate openly with tenants about moving out or making necessary repairs or any other problems that may exist.
If a landlord needs a tenant to move out to make repairs, but the tenant does not want to leave or has no where to go, the landlord could consider assisting the tenant’s temporary relocation by returning the tenant’s security deposit and not charging them January rent. When the unit is fixed an inhabitable the tenant would be responsible for paying rent while beginning repayment of the deposit.
Landlord who collected January rent can place their tenants in either vacant units they own or in hotels until the dwelling has been repaired.
3. The landlord and tenant want the tenant to stay
If the unit is damaged or destroyed and both the landlord and tenant want to return to life as usual after the necessary repairs have been made, the landlord has several options. In this case, it is easiest if the tenant is flexible and can stay with a relative, not pay rent, and move in once the unit is repaired. If this is not an option, the landlord can collect rent and lodge the tenants until the dwelling has been repaired. The landlord and the tenant should always communicate clearly about the terms and timelines of the tenancy and repairs.
4. The landlord wants the tenant to stay however the tenant wants to leave
If a tenant wants to leave a destroyed unit, they can terminate the tenancy as long as the dwelling is “destroyed” in accordance with Civil Code 1933. Landlords cannot do the same to a tenant: they must serve tenants with a proper notice to terminate tenancy in accordance with Civil Code 1946. They can, however, get the Building Department to ask the tenant to vacate immediately if the house poses a serious health or safety concern. If the unit is not destroyed, the landlord is still entitled to rent. This rent, however, should be pro-rated to represent the proper value of the dwelling. For example, if the kitchen was the only thing flooded, but the family whose kitchen was flooded and low income and depended on the kitchen to feed the family, the landlord would most likely require the tenant’s to pay a lot less rent because of the importance of the kitchen to the family. If a landlord has questions about this, please contact our office: (707) 224-9720.
Key Points:
A landlord must serve a tenant with at least a 30-day no cause notice if they require the tenant to move out.
Mutual agreements to terminate the rental agreement are permissible and should be done in writing.
Landlords cannot charge tenants for damages to areas destroyed by the floods. This does not prohibit a landlord from charging a tenant for damages to a second story or any other areas not affected by flooding.
Do I have to pay my rent if my dwelling is flooded and I can't live there?
No. If a tenant cannot use the dwelling they are renting because it was destroyed by flooding, the landlord should not attempt to collect rent for the dwelling unless they intend to provide the tenant with lodging. If only part of the dwelling is damaged, the landlord can only collect pro-rated rent for the unaffected portion of the dwelling. We encourage landlords to provide their tenants with transitional lodging if necessary and possible. This, however, is not required unless the tenant paid rent as the unit was damaged and not repaired.
My home was not flooded, however, when it rained water came in through the walls and ceiling and destroyed my possessions. What are my rights?
In accordance with Civil Code 1941.1a, landlords are required to provide their tenants with "Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors." If the tenant's possessions are damaged as a result of repairs the landlord knew they needed to make yet neglected to make before the rain, the landlord could be held liable for the damages suffered by the tenant.
Can I get out of my contract because my unit flooded?
Yes. If the flood has displaced you and your dwelling has been destroyed and needs to be repaired before it can be re-occupied, you should consider finding a new rental. You should communicate with your landlord if you intend to vacate -- it is always best to keep landlord's well informed of everything having to do with the tenancy. Two popular websites that advertise housing in Napa are: the Valley Classifieds and craigslist.org.
The legal basis for the annulment of the contract is based on Civil Code 1932 and 1933. The Code states that a tenant ("hirer") may terminate their agreement as soon as they are no longer receiving the "thing" (dwelling) for which they paid, which in this case was presumably destroyed by the flood. To ensure that this is a correct claim and the dwelling has been destroyed, the tenant should call the Building Department and ask them to inspect the dwelling.
We need to move but we don't have any money. What can we do?
If your dwelling has been flooded and destroyed, forcing the tenant to have to vacate the dwelling, the tenant should not pay January rent. Since the tenant may be unable to stay in the unit as it is being repaired, the tenant should begin looking for either transitional or permenant housing. Hopefully future landlords will understand the circumstances and permit tenants to occupy the dwelling understanding that the tenant may have to make payments in order to furnish the landlord with a security deposit. Ideally, if the dwelling is totally destroyed, it is fair to assume that the landlord will have to redo the entire house – replacing floors and walls – and as such, the tenant can only be charged for repairing damages to areas not affected by the flood. As such, it is in the landlord and tenant’s best interest to return the tenant’s security deposit as soon as possible, enabling the tenant to begin paying their new security deposit. The tenant, with January’s rent and their security deposit should have enough money to move elsewhere, and if necessary should have enough money to begin negotiating with a future landlord to move into a dry dwelling.
Is the landlord responsible for paying me for my damaged possessions?
The landlord is not responsible for compensating tenants for their lost possessions or moving expenses resulting from the recent flood. The landlord is only responsible for damages created or aggravated by the landlord's negligence (ie, failure to fix a hole in the roof resulting in a rug being destroyed by rain water). As such it is a tenant's renter's insurance policy that should compensate the tenant the damage to their possessions as a result of the flood.
________________________________________________________________________
The information on this website is not to be taken as legal advice. If you have any questions, feel free to contact our office. For legal advice or interpretation of the law please consult a local housing attorney.
1932. The hirer of a thing may terminate the hiring before the end of the term agreed upon:
1. When the letter does not, within a reasonable time after request, fulfill his obligations, if any, as to placing and securing the hirer in the quiet possession of the thing hired, or putting it into good condition, or repairing; or,
2. When the greater part of the thing hired, or that part which was and which the letter had at the time of the hiring reason to believe was the material inducement to the hirer to enter into the contract, perishes from any other cause than the want of ordinary care of the hirer.
1933. The hiring of a thing terminates:
1. At the end of the term agreed upon;
2. By the mutual consent of the parties;
3. By the hirer acquiring a title to the thing hired superior to that of the letter; or,
4. By the destruction of the thing hired.
_______________________________________________________________________________
More flood informaiton is available at the NVR's site: NV Register's Flood Information
Fair Housing Napa Valley
|
