Can my landlord force me to move if my rental home is damaged? Possibly. Your landlord may have the right to requireyoutomovetemporarilywhilerepairsaremadeor terminate your lease if there is significant damage Read your lease for terms about the landlord’s rights when significantdamageordestructionofthepropertyoccurs.If yourlandlordwantstoterminatethetenancy youmustbe givenwrittennoticetoterminateyourlease Ifyoudisagree thatyourrentalunithasbecomeuninhabitable,contactan attorneytodiscussyouroptions.
LOCKED OUT BY LANDLORD
Can my landlord threaten to lock me out of my rental home or turn off the utilities if I don’t move out? No. A landlord cannot bar you from the property unless your lease states that you agreed to that in cases of emergency, safety concerns or significant property damage.UnderFloridalaw,alandlordmustfirstgiveyou writtennoticethatyoumustmove,asdescribedabove.If you do not move by the end of the notice period, the landlord must file an eviction action in court. If the judge grants the landlord an eviction judgment, a writ of possession will be posted on your home. You then only have24hourstomovewithallyourbelongings Afterthat time,alawenforcementofficerwillreturntoforceyouto leave. You will not have an opportunity to return to the premises to get your property, and the landlord has no dutytoprotectit.
DESTROYED PROPERTY
WhatdoIdoaboutmydamagedordestroyedproperty?
If you had renter’s or flood insurance, make a claim with your insurance company. Take photographs of the damage and make a list of your damaged or destroyed items. Follow the instructions from your insurance company about making a claim or you may jeopardize your coverage. If an inspection by an insurance adjuster isrequired,askwhatformofidentificationtheadjusterwill provide.Donotworkwithanunauthorizedadjuster.Ifyour insurancedoesnotcoverallofyourlossorifyouhadno insurance, register for assistance for replacement or repairofnecessarypersonalpropertyfromFEMA.
DAMAGE RENTAL
Mustmylandlordprovidemewithotherhousingifmy lease is terminated because of a damage from a disaster? No. However, if the landlord rents other properties, you can ask if other rentals are available. If so, ask if the terms for renting there would differ from yourcurrentlease.Ifthelandlordhasnootherproperty and you have nowhere else to go, you can seek temporary shelter or other housing benefits from the Federal Emergency Management Agency (FEMA) by calling 1-800-621-3362; Hearing/Speech Impaired TTY 1-800-462-7585. You can also register online at https://wwwwfemagov/apply If you are denied assistancewithFEMA,youshouldconsultanattorneyto seeifyouhaveabasistoappeal.
SECURITY DEPOSIT
HowdoIgetmysecuritydepositbackifImustmove becauseofdamagefromadisaster?In your notice of termination or other writing, provide your landlord with aforwardingaddress,evenifitisatemporaryaddress of a family member or friend until you can resettle. Failure to do so can limit your legal rights for your security deposit. Making a change of address with the post office is not sufficient. Read your lease for terms about the return your security deposit due to property destruction. If the lease does not have such terms or you do not have a written lease, your landlord must return your security deposit within 15 days after you moveoutifnoclaimismadeagainstthedeposit.Ifthe landlord makes a claim against your deposit, the landlordmustsendyoualetterbycertifiedmailwithin 30 days after your move out stating the reason for the claim, the amount claimed, and the amount of the deposit being returned, if any You have 15 days to dispute the claim in writing or the landlord can keep your deposit. If you dispute the claim, keep a copy of yourdisputeletterforyourrecords.
How do I get my security deposit back if I must move because of damage from a disaster? If you intend to remain in or return to the home once repairs are made, you must continue paying rent. You may have the right to reduce the rent in proportion to damage caused. Read your lease for terms about rent reduction because of property damage.Ifyoumustvacateaportionofyourhome duetothedamage,yourrentshouldbereducedfor thelossofuseofthepartofthehome.
LEASE TERMINATION
Does my lease automatically end if my rental home has significant damage or was completely destroyed?No. A lease ends only when you or your landlord provides written notice to the other to terminate the lease. If your rental home is uninhabitable,youshouldbeabletoterminateyour lease. Read your lease for the conditions necessary for the rental to be considered uninhabitable and theamountofnoticeyoumustprovidethelandlord. Also, check for a provision stating where notice to the landlord must be sent, as it often differs from where you send rent payments. If your lease does not have terms about termination because of uninhabitability or you do not have a written lease, you should still send a notice of termination or you may be responsible for charges under the lease. Send notice of termination to the landlord by certifiedmail,returnreceiptrequested.Keepacopy of the notice for your records in case the landlord triestomakeaclaimagainstyou.
