Eviction, Landlord-Tenant, Termination

Florida Renter Home Casualty Damage

954 Eviction AttorneysFlorida Renter Home Casualty Damage? As many of you experienced, Hurricane Irma’s wrath resulted in damages to thousands of properties throughout South Florida and beyond. Many of these properties contain Renters that have found their home, apartment or rental unit to be “uninhabitable.” Many Florida Renters do not know what their rights are if they are living in an uninhabitable property after Hurricane Irma.   As a renter, you may have the right to terminate your lease and vacate the property under Florida Statues.

A Landlord’s duty throughout the duration of the lease is to comply with all applicable codes including building, housing and health codes that exist for the property.   This is pursuant to Florida Statute 83.51.  If part of the structure of the home is not to the code’s standard, a Landlord must meet the Code’s Requirements.   If codes are not applicable to that property, it is still the Landlord’s responsibility to ensure that all structural components are in good repair and capable of being protected against normal forces.

Most Tenants are not aware of their rights against their Landlord when faced with these conditions.  If you are a Florida Tenant that is faced with uninhabitable living conditions, you must strictly comply with the requirements under Florida Statutes in addressing these issues.  This includes writing your Landlord a certified seven day letter stating your intent to terminate the lease and vacating the property if the repairs or issues are not corrected.  If the Landlord fails to make reasonable efforts in correcting these issues, you have the right to terminate your rental agreement.

If your home is damaged other then the wrongful acts of the Florida Tenant so that enjoyment of the premises is substantially impaired, you have the right to terminate your Florida rental agreement and leave.  If only part of the premises is impaired, you have the right to vacate “part of the premises” if you are unable to use any part of it because of the extensive casualty damage, you may terminate the Florida Lease and vacate the premises. Florida Statute 83.63 further discusses Florida Renter Home Casualty Damage.  If your rental unit or home meets this requirement, the Landlord must abate the “fair rental value of the premises.”

If you choose to leave the rental unit or home during the time that the premises remains uninhabitable, you will not be liable for the rent during that time.  However, if you pay rent in full during the time that the rental unit or home is uninhabitable, you will not be able to forfeit your right to terminate your lease or bring action against your Landlord in a Court of Law.

If you are a Florida Tenant in Broward or Palm Beach County and have your found property to be uninhabitable due to Hurricane Irma or through the negligence of your landlord, contact the experienced Florida Renter Home Casualty Damage attorneys at 954 Eviction Attorneys, PLLC today at (954) 323-2529. We have offices in Broward County and Palm Beach County to better serve our clients.

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