A Florida couple rented a house during hurricane season, lowered the shutters as instructed, and returned to a roof their landlords refused to fix. Then the second storm hit, flooding brought mold and cockroaches, and the landlords threatened to sue for the damage.
Instead of settling the dispute, the tenants took a drastic step: they gutted the house.
The Roof That Would Not Be Fixed
The couple followed their landlords’ directions during the first storm. Lowering the shutters kept the windows safe, but it did nothing for the roof. When the damage became clear afterward, the landlords refused to address it.
The Second Storm Brings Mold And Cockroaches
The house sat wet and damaged after the second storm passed. Black mold grew, and cockroaches took hold. The tenants lived with both, waiting for their landlords to act.
They did not.
Landlords Are Legally Responsible For Hurricane Damage
Florida law makes the responsibility clear. Landlords must provide safe and habitable rentals under Florida Statute 83.63, which says tenants may terminate a rental agreement and leave immediately if the property becomes uninhabitable due to hurricane damage.
The Elliot Legal Group’s experts explain that while Florida law does not require landlords to prevent hurricane damage, landlords must promptly make repairs necessary for the property to be inhabitable.
Tenants Have Their Own Duties
Tenants are not entirely off the hook. They must report damage promptly, with photographs when it is safe to take them. They must also bring in outdoor items before a storm — patio furniture, grills, potted plants, toys — because those items become projectiles in high winds.
Don Asher Management warns landlords against assuming tenants will install shutters. “Unless the lease explicitly assigns shutter installation to the tenant—and the tenant has the physical ability and access to do so—this task remains the owner’s responsibility. Do not assume,” they warn.
Promises Landlords Should Not Make
Don Asher Management also warns against making lofty promises. Roads may be closed, the property may be in an evacuation zone, and contractors may be unavailable after a major storm. “Do not make repair-timeline commitments you cannot keep,” the site cautions.
What Happened To The Florida Couple
The tenants gutted the house.
The Verdict On Who Pays
The tenants acted within their rights. The landlords were legally obligated to fix the roof, and their refusal opened the door to the tenants’ response.
The story is a cautionary tale about what happens when landlords refuse to meet their legal duties.
- Tenants may terminate a rental agreement if enjoyment of the premises is substantially impaired
- Tenants must promptly report damage and document it with photographs
The Florida couple’s story has landed with readers. It is a reminder that when landlords refuse to meet their legal duties, tenants have options — even if those options involve tearing a house apart.
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