More than a month after the fallout from Hurricane Melissa drove her from her rented two-bedroom apartment in Montego Bay, Jhenelle Francis is still staying with relatives in Portmore, St Catherine.

There was no major damage to the property, and while electricity has been restored and there is water for eight hours each day, there is still no reliable Internet service at the location.

Francis works remotely for an overseas company and her job depends on being able to get online; so for now she is staying away from the gated community where she has lived for more than a year.

Francis explained that her temporary move was a financial decision.

“I had to go because I gotta get the money, because that would impact the rent and everything else; [it’s] the ripple effect,” she told the Jamaica Observer.

She said she is also waiting for her landlord, who lives overseas, to fix damage caused by the storm, plus little problems that existed before.

“Inside actually has cracks and shedding in the living room; water damage, I believe. The AC [air-conditioning unit] area that Melissa took off had water coming in, too, every time it rained. [There are] one or two other things that needed to be fixed before the storm but got delayed because of it,” she explained.

Stories like hers have brought into sharp focus the roles and responsibilities of tenants and landlords before and after a natural disaster upended their lives. For landlords already struggling to stay afloat as they do repairs, watching tenants leave can feel like yet another body blow. At the same time, some tenants may have additional expenses related to even temporary relocation.

As chairman of the Rent Assessment Board Rose Bennett-Cooper explained, there is legislation in place that can prove useful for both sides. For example, in cases where a property becomes uninhabitable as a result of a natural disaster, even if a landlord is already facing a mountain of fresh debt, the security deposit must be returned to a departing tenant once certain conditions are met.

“Included in the rationale for taking a security deposit is to offer the landlord a level of protection in the event that the tenant leaves unpaid utility bills and has damaged the property. Following a natural disaster, it may be difficult to determine whether damage was done prior to occurrence of the natural disaster. The landlord can, however, ascertain whether there are unpaid utility bills,” said Bennett-Cooper.

“If damage cannot be ascertained because of the natural disaster and there are no unpaid bills, then without more the security deposit ought to be refunded,” she added.

This also applies if the tenant decides to move because utility companies are unable to provide service — something over which the landlord has no control.

On the other hand, if the tenant opts to temporarily move out because there are no utility services available — or even if the dwelling needs extensive repairs — the tenant is still legally obligated to pay rent.

“Rent is due and payable by the tenant while they are in occupation and/or possession. However, should the tenant give up possession of the premises and removes all personal belongings and hands back the keys then they are not required to pay rent. The issue of temporarily moving out suggests that the tenant still maintains some control and possession over the premises and would, on the face of it, still be required to pay rent,” said Bennett-Cooper, who is also an attorney and government senator.

In situations like these, it may be a good idea for both parties to amicably hash out a new agreement.

“As the relationship between landlord and tenant is a contractual one, and given that the premises has been damaged by a natural disaster, then both parties will be free to renegotiate the terms of their contract, given the new circumstance,” she added.

There is, however, some good news for landlords hoping to cushion Melissa’s blow by increasing the rent after they have made repairs. As Bennett-Cooper noted, the law does allow for an increase above the annual 7.5 per cent. However, an application must be made to the Rent Board and, once approval is granted, the tenant must be duly informed.

But a large part of coping with natural disasters comes before they hit. Ahead of a storm, for example, the landlord should ensure windows, doors, and roofs “are in good order” and the tenant should alert the landlord to any major repairs needed.

“After the event, the tenant should do an initial assessment and make a report to the landlord. Thereafter, both landlord and tenant should inspect the premises after which a timeline for making repairs, if any, will be agreed on,” said the Rent Board chairman.

“The landlord’s ability to effect repairs in a timely manner will be dependent on his personal circumstances as it relates to finances and whether or not the actual materials needed to do repairs are available. Reasonableness, therefore, is always subjective,” she added when asked how much time a landlord has to make repairs.

One option, Bennett-Cooper said, is for both parties to come to an agreement that the tenant undertakes the repairs and the cost is deducted from the rent over a period of time.

She also pointed to the benefits of insurance to mitigate some of the challenges above.

“The landlord can avail himself of a policy for peril insurance while the tenant could seek to insure their personal property. Both parties should speak to a reputable insurance professional to secure the type of insurance suitable to their need,” suggested the Rent Board chairman.

BENNETT-COOPER… there is legislation in place that can prove useful for both sides