Hurricane Damage and Your Florida Rental in 2026: Who Pays Rent and Repairs

Hurricane season in South Florida forces a hard question on rental owners: if a storm damages your property, who is responsible for what? Can you keep collecting rent on a unit no one can live in? Who pays for the roof, and how do security deposits work if a tenant has to move out? This guide covers hurricane damage to a Florida rental in plain language, so you can respond calmly and correctly when the next storm hits.

The quick answer

Under Florida law, if a storm damages a rental so badly that the tenant can no longer reasonably live there, the tenant can end the lease and move out, or stay in the usable part and pay reduced rent. The landlord is generally responsible for repairing storm damage to the building itself, while the tenant’s own belongings are covered by their renters insurance. If the lease ends, the landlord must return the security deposit on Florida’s normal timeline. The rest of this post explains each piece.

What Florida law says when a rental is damaged

The key statute is Florida Statute 83.63, “Casualty damage.” It says that if the premises are damaged or destroyed, through no fault of the tenant, so that the enjoyment of the premises is substantially impaired, the tenant may terminate the rental agreement and immediately move out. The tenant can also choose to vacate only the part of the home that the storm made unusable, and in that case their rent is reduced by the fair rental value of the damaged portion.

In plain terms, a hurricane is a classic casualty. If your tenant did not cause the damage and the home is no longer livable, they have the right to walk away from the lease. You cannot hold them to a full year of rent on a house with a hole in the roof.

Do you still collect rent after a storm?

It depends on how bad the damage is.

• If the home is still safe and livable, rent continues as normal. Cosmetic damage or a few days without power usually does not change the tenant’s obligation to pay.
• If part of the home is unusable but the tenant stays, rent is reduced by the fair rental value of the damaged part under Statute 83.63.
• If the home is substantially unlivable and the tenant terminates and moves out, rent stops once the lease ends.

The mistake to avoid is charging full rent on a unit no one can occupy. That is not just bad for the relationship, it runs against the statute. When damage is serious, get the tenant’s plans in writing quickly so everyone knows whether the lease is ending or the rent is being adjusted.

Who pays for repairs?

Florida Statute 83.51 requires landlords to keep the structure, roof, windows, plumbing, and major systems in good repair. Storm damage to the building is the owner’s responsibility to fix, and that is what your property insurance is for. Tenants are responsible for their own personal property and for any damage they caused through negligence, such as leaving windows open after being told to secure the home.

This is why every lease should require the tenant to carry renters insurance. Your policy covers the house. Their policy covers their furniture, electronics, and clothing. Without renters insurance, a tenant who loses everything in a flood has no coverage, and that pressure often lands back on the owner.

Security deposits when a lease ends after a storm

If the tenant terminates the lease under Statute 83.63, the landlord still has to follow Florida’s normal deposit rules in Statute 83.49. If you are not making any claim against the deposit, you must return it within 15 days. If you intend to keep part of it, you have 30 days to send written notice by certified mail explaining what you are claiming and why. Storm damage the tenant did not cause is not a valid reason to withhold a deposit.

Insurance: what covers what

Three types of coverage matter most after a hurricane:

• Landlord dwelling or hazard policy: covers wind and structural damage to the building. Read your policy for named-storm deductibles, which are often a percentage of the home’s value rather than a flat dollar amount.
• Flood insurance: standard policies do not cover flood. You need a separate policy through the National Flood Insurance Program or a private flood insurer, especially in a high-risk zone. See our guide to Palm Beach County flood zones.
• Loss of rent coverage: many landlord policies can reimburse lost rental income while the home is being repaired. If you do not have it, ask your agent about adding it before the next storm.

We are not insurance agents, so treat this as general information and confirm your specific coverage with a licensed agent. For the disaster-assistance side, our Palm Beach County hurricane and FEMA guide walks through federal help after a declared disaster.

A practical checklist for owners after a storm

• Document everything with dated photos and video before any cleanup.
• Contact your tenant in writing to confirm they are safe and to agree on next steps.
• File your insurance claim as fast as possible, since adjusters get backed up after a major storm.
• Use licensed, insured contractors and keep every receipt and estimate.
• Put any rent adjustment or lease termination in writing so there is a clear record.

Handling this the right way before the season starts saves a lot of stress. Our hurricane prep checklist for rental owners covers what to take care of in advance.

Frequently asked questions

Can a tenant break the lease if a hurricane damages the rental?

Yes. Under Florida Statute 83.63, if storm damage the tenant did not cause substantially impairs their ability to live in the home, they can terminate the lease and move out.

Do I have to refund rent if the home is unlivable?

You cannot keep charging full rent for a unit no one can occupy. If the tenant stays in a partly damaged home, rent is reduced by the fair rental value of the unusable part. If they move out, rent ends with the lease.

Who pays for the tenant’s damaged belongings?

The tenant’s renters insurance covers their personal property. Your landlord policy covers the building, not their furniture or electronics, which is why requiring renters insurance in the lease matters.

When do I have to return the deposit after a storm termination?

Within 15 days if you are making no claim, or with 30 days written notice by certified mail if you are claiming part of it, following Florida Statute 83.49.

Hurricanes are stressful enough without guessing at the rules. If you own a rental in Boynton Beach, Naples, or anywhere across Palm Beach County, we can handle storm response and the paperwork that comes with it. For more on your rights and duties year round, see our Florida landlord-tenant law cheat sheet.

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