Hurricanes and insurance
When a storm damages your rental in Florida
If a storm you didn't cause leaves your rental substantially unusable, section 83.63 lets you end the lease and leave right away, or stay in the usable part and pay less rent. The landlord's insurance rebuilds the home and your renters policy covers your belongings and extra living costs. Put every report and request in writing, with photos, because that record decides the rent, the deposit and the claim.
Updated Last checked 4 min read
Quick answer
- Substantial storm damage you didn't cause: end the lease, or pay less for the part you can still use.
- The landlord must let you collect belongings once it's safe, or give you a reasonable date.
- If you end the lease, the deposit comes back under section 83.49's 15- and 30-day rules.
- Smaller damage goes through the normal repair notice and 7-day clock.
On this page
The first 48 hours
Step 1: Get safe
Stay out of a home with standing water near outlets, a sagging ceiling or a gas smell.
Step 2: Photograph and film everything
Every room, ceiling and window, with the date. Do it before you move or toss anything.
Step 3: Report it in writing
Email or text the landlord or manager with photos, even if you've already called. If you signed an email notice addendum, use the address it names.
Step 4: Limit the damage you can
Move belongings away from water and cover them. Your insurer expects reasonable steps and repays reasonable costs.
When the home is substantially unusable
Section 83.63 covers damage or destruction from a cause other than the tenant's wrongful or negligent acts. When that damage substantially impairs your use of the home, you choose.
| Topic | End the lease | Stay in the usable part |
|---|---|---|
| What you do | Terminate and vacate right away | Vacate only the part you can't use |
| Rent | Stops when you leave | Reduced by the fair rental value of the part you gave up |
| Deposit | Handled under section 83.49(3) | Stays in place under the lease |
Put your choice in writing with the date. If you leave, keep a copy of the message and your photos. If you stay, agree the reduced rent in writing too, so a later ledger doesn't show you short.
- Normal rent
- $2,400
- Agreed fair rental value of the closed bedroom
- $700
- Rent while it stays closed
- $1,700
Illustrative. The statute sets the method, fair rental value, not a formula, so agree the number with the landlord in writing.
Your belongings
A 2025 change to section 83.63 makes the landlord let you retrieve your things once it's safe, or give you notice of a date to do it within a reasonable time. Your renters policy pays for damaged belongings and, if the home is unlivable, extra living costs above your normal ones. Flood and storm surge damage needs a flood policy, covered in renters insurance in Florida.
Damage that is less than substantial
If you can still live there with a cracked window or a wet ceiling stain, the ordinary repair rules apply. Section 83.51 makes the landlord maintain the home, and if a material problem isn't fixed within 7 days of your written notice, section 83.56(1) lets you end the lease. Withholding rent has its own notice requirement, explained in repairs and withholding rent.
After a big storm every roofer in the county is booked. Ask for a written repair plan and dates, and save each reply. A landlord who is trying, with a roofer scheduled, looks different to a judge than one who stops answering.
Help beyond insurance
After a federally declared disaster, FEMA can help renters as well as owners. After the 2024 Florida hurricanes, its rental assistance paid for somewhere to live while repairs were made or new housing was found, with an initial award of up to two months of rent and the option to ask for more. Watch county emergency management announcements after a storm for what has opened up.
Getting the deposit back
If you end the lease under section 83.63, the landlord handles the deposit under section 83.49(3). Within 15 days of your move-out, the landlord returns it or, within 30 days, sends a written claim for damage you caused. Storm damage isn't yours to pay for. Leave a forwarding address in writing, and see Florida security deposit law for the full timeline.
Questions people ask
Can I break my lease after hurricane damage in Florida?
Yes, if damage you didn't cause substantially impairs your use of the home. Section 83.63 lets you end the lease and leave right away.
Do I pay rent if my apartment is damaged by a hurricane?
If you leave and end the lease, rent stops. If you stay in the usable part, rent drops by the fair rental value of the part you can't use.
Who pays for my furniture after a storm, me or the landlord?
Your renters policy, if you have one. The landlord's insurance covers the building, not your belongings.
Can renters get FEMA help after a hurricane?
Yes, after a federally declared disaster. Rental assistance has covered up to two months of rent to start, with more available on request.
Free help from Rentvana
If you need a new place after a storm, send us your dates and we'll move fast.
Renters never pay Rentvana. A licensed agent replies within 1 hour, 8am to 9pm.
Questions first? Call 888-601-8344 or email hello@rentvana.com.
Words in this guide
Sources
- Florida Statutes, section 83.63: Casualty damageleg.state.fl.us
- Florida Statutes, section 83.49: Deposit money or advance rent, duty of landlord and tenantleg.state.fl.us
- Florida Statutes, section 83.51: Landlord's obligation to maintain premisesleg.state.fl.us
- Florida Statutes, section 83.56: Termination of rental agreementleg.state.fl.us
- Florida Department of Financial Services: Natural disasters, are you prepared? (May 2025)myfloridacfo.com
- FEMA: If you cannot live in your home after the Florida hurricanes (October 26, 2024)fema.gov
Checked against these sources on by Rentvana Editorial. If something has changed, email hello@rentvana.com and we'll fix it.
Questions?
Call 888-601-8344 to talk to a licensed agent, or email hello@rentvana.com and one gets back to you within 1 hour, 8am to 9pm. Renters never pay Rentvana.