FAQ flood related legal assistance

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  • Base Legal Office
MINOT AIR FORCE BASE, N.D. --  The material below represents general legal principles. The law is continually changing; although the information here is current, some provisions here may have changed. It is always best to consult an attorney about legal rights and responsibilities regarding personal cases.

1. Do I have to pay rent if I was in the mandatory evacuation zone? If not, for how long?

Generally speaking, you should not have to pay rent for the proportionate time you were unable to occupy the premises. Once the mandatory evacuation order is lifted, you may also not be liable to pay for that portion of time the property was uninhabitable (e.g., the property flooded and needs to be repaired).

a. What if I was not in the mandatory evacuation zone, but I evacuated anyway?
 
Generally, if you were not required to leave, but you did so anyway, you will have to continue to pay rent. However, if the property was uninhabitable for a period of time, you should not have to pay for the portion of time it was uninhabitable.

2. Do I have to pay my mortgage if I was in the mandatory evacuation zone?
 
Generally, yes. You will have to continue to pay your mortgage. You should check with your mortgage company and homeowners insurance company to see if they provide any assistance or accommodation. For instance, your mortgage company may voluntarily extend a grace period to you for paying the mortgage. Keep in mind, such accommodation is probably not required. Your homeowner's insurance policy, while not covering flood damage, may provide some displacement allowance. Also, check with FEMA, State, and local authorities to see if you qualify for rental payments for temporary housing.

3. Can I cancel my lease if my apartment was in the evacuation zone? If so, under what conditions?

Under North Dakota law, a lease terminates when the property is destroyed. See NDCC § 47-16-14, para. 4. A lessee may also terminate a lease if he has put the Landlord on notice of necessary repairs and after a reasonable period of time the Landlord fails to fix the problem. NDCC § 47-16-17, para. 2

4. Can I cancel my mortgage if my property was in the mandatory evacuation area?

 More than likely no.

a. What if it's a total loss and I can no longer live there due to the flood?

You should contact your mortgage and insurance companies. Generally speaking, you still cannot cancel the mortgage, but they may be able to help you in other ways.

5. Do I have to pay utilities if I lived in the mandatory evacuation zone? If so, how much?

Generally, you should not be responsible for utilities that were not supplied to your home. You also should not have to pay if you did not consume utilities. However, you are still responsible for utilities supplied prior to the flood. Check with your utility supplier and local authorities on taxes, assessment and levies during the period of mandatory evacuation. In any event, you should notify your utilities company of your situation as soon as possible.

a. Does it matter if I own vs. rent the residence?

Generally, the answers to utilities apply whether you rent or own your home.

6. I have inbound orders to Minot AFB and have already signed a contract to purchase a home, but my orders have been cancelled/delayed, what can I do?

Contact your realtor as soon as possible and inform them of your situation. You may be able to terminate the contract, but you may lose any earnest money you paid. However, your realtor or attorney may be able to assist you in negotiating a return of your earnest money, given the circumstances. Each situation will depend on the contract you signed and the facts that apply.

7. I rent my home, but want to take in displaced friends. My lease restricts how long and how many visitors I can have. Does the flood or federal declaration change that?
 
Probably not. You should review your lease before you take in displaced persons. If it places restrictions on how many or how long additional people can stay with you, you should contact your landlord to discuss. If your landlord refuses to accommodate you, you must comply with the lease. If the landlord agrees to permit your guest to stay, you should document this and any additional terms, to include duration, change in rent or security deposit, in writing with the landlord. Keep in mind, the landlord may place additional restrictions on you (e.g., require additional rent or security deposit, specific number of guest and/or duration). It is your choice whether to accept these additional restrictions and have your guest stay, or decide not to have your guest stay and abide by the current terms of the lease. However, you can attempt to negotiate with the landlord over these new and additional terms.

8. I have flood insurance, how do I file a claim?

Contact the agent that sold you the policy and tell them you want to file a claim. When safe to do so, consider documenting the loss you incurred by videotaping or photographing the property. Gather receipts for purchases or consider other ways to document the value of the property lost or damaged.

9. I do not have flood insurance and my home was damaged by the flood:

a. Can I file a claim with the Air Force?

Not for losses incurred off-base.

b. Can I file a claim with my insurance company?

 Possibly, but they likely will not pay for loses due to the flood. However, they may provide assistance in other ways (e.g., displacement expenses, losses incurred as a result of damage not directly caused by the flood such as spoiled food due to power loss). Contact your agent for details.

c. Does it matter if I rent my home or own it?

It could make a difference if you have renters insurance. Renter's insurance may cover you for losses due to a flood. You should contact your insurance company if you have renter's insurance.

10. What does the federal disaster declaration mean to me? Can I get assistance from FEMA? If so, how?

Please visit the FEMA web site at www.fema.gov for information related to FEMA and the federal disaster declaration. To get assistance from FEMA you must first register with them. According to their web site you can register by calling 800-621-FEMA (3362) or TTY 800-462-7585. The toll-free line will be in operation from 6 a.m. to 12 a.m. (CDT) until further notice. Registration can be accomplished anytime at: www.disasterassistance.gov.
State of North Dakota's web site on Disaster Recovery: http://www.nd.gov/des/default.asp
Ward County web site: http://www.co.ward.nd.us/
City of Minot web site: http://www.minotnd.org/

11. The flood is over. My Landlord is telling me he's repaired the place, but I don't think it's good enough for me to move back in. What can I do?

Consider asking your Landlord to have the City inspect the premises to make sure it is safe and habitable for you to live there. Until such approval is given, generally speaking, you are not obligated to live there or pay rent. See the answer to FAQ 1 above. Consider contacting an attorney for assistance.

12. Pets - I took in a foster pet and it has damaged my property; what can I do?

Generally speaking, you should contact the owner. If you received the pet from a shelter, contact the shelter for assistance. If you cannot get assistance from the owner or shelter, but you have homeowner's insurance, also consider notifying them.

13. I was in the mandatory evacuation zone; I am now staying in a hotel. I can't afford to pay my rent or mortgage and the hotel bill. What can I do?

As noted above, your rent may be temporarily abated for that portion of time you are unable to live in the home. If you own, you should contact FEMA, State and local authorities to see if they can provide you with rental assistance. Also consider contacting your homeowner's insurance company to see if they provide any displacement assistance. If you cannot get assistance from any of these sources, you should contact your mortgage company to see if they will give you a grace period for payment of the mortgage (keep in mind, such would be voluntary on their part and interest may continue to accrue).

14. My car was flooded; will my auto insurance cover that?

Maybe. Check with your auto insurance policy and your agent.

15. I sent my children to my parents/relatives/friends because of the flood. Are there any legal issues I should be thinking about or doing related to that?

Yes; you should consider granting authority to whomever your children are staying to make decisions and give permissions for your children. This is called In Loco Parentis and the form can be obtained from the Base Legal Office. Also consider notifying Tricare that your children are staying elsewhere termporarily.

16. I volunteered during the flood and got hurt. What should I do?

a. AD and dependants - report this to the MTF and commander. They may be able to recover the expense of your care from the responsible party.
b. Civilians w/ insurance - notify your insurance company.
c. Civilians w/o insurance - notify the local authorities or the volunteer organization you worked for.

17. I had rent-to-own property that was damaged/lost because of the flood. What can/should I do?

First, check your rental agreement to see what the terms are. Contact the company you rented from and inform them of the loss. If you have renter's or homeowner's insurance, consider filing a claim with them. You should also register with FEMA, as noted above.

18. I think my property was looted; what should I do?

Notify the police and your insurance company.

19. I paid for services in advance (childcare, phone, internet, cable, etc.) and now I can't use the service because I was in the mandatory evacuation zone. What should I do?

Notify the service provider of your situation as soon as possible. They may give you a deferral or permit you terminate the agreement. If you cannot reach an agreement about what to do, consider seeing a Legal Assistance Attorney. Generally speaking, if you cannot receive the service because of the flood, you should be able to at least get a deferral of service until you can reasonably get service again.

20. I had property that was left at a business in the mandatory evacuation zone. If it's damaged because of the flood, what can I do?

Contact the business as soon as possible to see if your property was damaged. If it was, generally speaking the business should be responsible for your loss.

21. I've lost property because of the flood, but I financed the purchase and still owe money on it. Must I pay?

Generally speaking, yes, you still must pay the debt owed. However, depending on what the property is and how it was lost, you may be able to either get assistance in paying for the loss through insurance or governmental assistance.

22. The place where I worked was in the flood zone. My employer is telling me I'm laid off because of the flood. What can I do?
 
Generally, unless you have an employment contract, you are laid off. You may be able to file for unemployment insurance. You can find out more information about unemployment insurance and file a claim for benefits at this web site: http://www.jobsnd.com/unemployment-for-individuals/ui-ice

a. He's also telling me he can't pay me for work I've done. What should I do?

Contact an attorney for assistance. Generally speaking, the employer is obligated to pay you for work performed.

For further information, please visit 5 BW/JA for Legal Assistance:

1. Expanded Walk-in Hours: M-F, 0900-1030
2. We cannot provide individualized legal assistance over the telephone
3. Until further notice, legal assistance is limited to deployers and flood-related issues