TAMPA, Fla. — As homeowners clean up and fix damage after Hurricane Milton, renters are stuck in a more precarious position as they await landlord repairs to their properties.

Florida law offers tenants rights in the event of substantial damage from a storm, up to and including termination of their lease.


What You Need To Know

  • Post storm, renters are stuck in a more precarious position as they await landlord repairs to their properties

  • Florida law offers tenants rights in the event of substantial damage from a storm

  • Legal fights between tenants and landlords can take months and significant financial resources

However, attorneys say communication between tenants and landlords is key to avoid a more costly and time-consuming fight in court.

Attorney Charles Gallagher III with Gallagher & Associates Law Firm says his office has already received calls from tenants concerning storm damage repair.

He is advising tenants to closely review their lease, and any requirements they and their landlord have as part of the agreement.

And if reasonable and timely repairs can’t be made, he says tenants have a rip cord they can pull, if they feel they are in an unsafe or uninhabitable unit.

“They can give the landlord a written notice and that landlord has seven days to cure the defect in that property,” said Gallagher. “If they don’t cure that defect in seven days, the tenant has the right to terminate the lease without any kind of penalty.”

The document is called a notice of material non-compliance, however Gallagher says if the tenant has a security deposit and/or last month’s rent tied up, they may have to fight to get that back.

Gallagher says legal fights between tenants and landlords can take months and significant financial resources.

He says if you are able, work with your landlord to find common ground and reasonable agreements that suit both parties.