Renter Rights: Breaking a Lease After a Disaster (VIDEO)

Hi, my name is John Lawless, staff attorney with Bay Area Legal Services’ Disaster Relief Team and the Florida Disaster Legal Aid Helpline. I’m here with my colleague Jason to discuss some simple steps anyone can take to avoid common issues while recovering from disaster.

Today, we’re here to talk about some specific rights that renters have in the wake of a disaster. Our discussion will be about renters in Florida, so if you are watching this from elsewhere please remember that these rules can change significantly from state to state.

To help us demonstrate what these rights are and how to put them into action, we’re going to visit some tenants who have been affected by a recent hurricane.

Jason, you’ve recently become a landlord. Let’s head to some of your properties and check in with your tenants to see how they’re handling the impact of the recent storm.

Let’s see what happens.

Jason’ tenant gave him a notice.

It looks like Jason’s tenant has terminated his lease agreement by using section 83.63, Florida Statutes. That law allows a tenant of a property that was substantially damaged by a disaster to terminate a lease immediately as long as they give written notice. Jason will also have to follow the rules regarding return of a security deposit at the end of a lease.

It looks like things did not work out like Jason planned.

Jason has an idea. Let’s see what he does.

He’s moving.

Landlords will often try to take advantage of the provisions of 83.63 to try to terminate tenant leases with little or no notice. The provisions of chapter 83.63 are not available to landlords however. This law only provides a right of termination to a tenant.

Jason just served his tenant a notice of termination using 83.63, Florida Statutes

Remember though, that just because a tenant has the exclusive right to terminate under Florida law, this does not mean your lease does not have a separate right of termination for a landlord. The enforceability of these provisions can vary widely based on a number of factors, such as whether a notice is required, how much notice is required, and whether the lease conflicts with Florida law. If you have a question about a landlord trying to terminate your lease, you should consider reaching out to your local legal aid organization for advice.

Now, if you and your family keep these tips in mind, you’ll be a lot more resilient in the aftermath of disaster, and a lot less like Jason.

We appreciate you taking the time to listen. For more information on what to do in the wake of a disaster, please visit the following resources.