When natural disasters strike, the effects can be devastating for residents in the affected area. If you’re a renter in Florida, you might be wondering what your rights are if a natural disaster forces you out of your rental. Here’s what you need to know about being a renter after a hurricane.

What to Expect After a Natural Disaster

After a natural disaster, you’ll want to be sure to keep informed about any evacuation orders for your area. At the same time, you’ll also want to be prepared for any damage that may occur to your rental property. When a hurricane or other type of storm hits, you can expect the following: Rising waters from storm surge, damaged infrastructure or collapsed roads, power outages, and damage to your rental property. As a renter, if your rental property experiences damages, you may need to take special precautions to protect your rights.

Know Your Rights When Returning to a Damaged Property

If you evacuated and return to your rental property after a natural disaster, you’ll want to be sure to check the property to see what, if any, damage has occurred. If there are damages that are significant, you have two options depending on the severity of the damages.

1) When Your Rental is “Substantially Impaired” i.e. Unlivable or Destroyed

Where the use of the leased premises is “substantially impaired”  by damage from a natural disaster, Florida law states,

If the premises are damaged or destroyed other than by the wrongful or negligent acts of the tenant so that the enjoyment of the premises is substantially impaired, the tenant may terminate the rental agreement and immediately vacate the premises.

Florida Statute 83.63

Who can terminate the lease?

Only the tenant—not the landlord— has the sole discretion to terminate the tenancy and vacate the leased premises after casualty damages due to a natural disaster.

2) When the Rental is Partially Damaged or Destroyed and You Want to Remain

Where the use of the leased premises is “unusable by the casualty” from a natural disaster whereby you want to remain living at the property, Florida law states,

The tenant may vacate the part of the premises rendered unusable by the casualty, in which case the tenant’s liability for rent shall be reduced by the fair rental value of that part of the premises damaged or destroyed. 

If you decide to continue the tenancy after a hurricane, we would recommend that you issue to the landlord a seven day notice to perform the repairs. Such notice will need to be delivered or mailed to the landlord at the landlord’s address. It provides the landlord 7 days to fix the damages and will establish a lawful defense to the non-payment of rent if the landlord were to file an eviction. You may then also negotiate a rent reduction based on the damaged premises.

Your Rental Agreement During Disasters

If you’re a renter, you’ll likely have a rental agreement with your landlord that outlines when and how rent is due and what the landlord’s obligations are. You’ll want to be sure to be familiar with your rental agreement, as well as any terms or addendums attached to the lease. You also may need to be prepared for a few different scenarios. Here are a few things you’ll want to be prepared for: Natural disaster disrupts your ability to pay rent; Natural disaster damages your rental property; or Natural disaster forces you to move out of your rental property.

Tips for Renters After a Natural Disaster

If you’re a renter and a natural disaster occurs in your area, you’ll want to be sure to stay informed about any alerts or warnings in your area, and you may want to have a disaster plan in place with your family. You also can contact your state’s Consumer Protection Agency if you have additional questions about your rights as a renter after a natural disaster. Stay alert for scams! Keep copies of important documents. Additionally, it is important to have seven day notices ready to report any damage to your landlord. Stay informed about government assistance programs, and disaster relief funds may be available to help you with upcoming rental payments.

Conclusion

When natural disasters strike, many people who rent in Florida end up having to deal with a sudden loss of housing. If you are a renter, you may have some key decisions to make in these situations but may want to be sure to educate yourself on what your rights are before disaster strikes. You also can contact your county’s Consumer Protection Agency or our office if you have additional questions about your rights as a renter after a natural disaster.