TAMPA BAY, Fla. — Ian displaced an unknown number of tenants in Southwest Florida. Renters who lost the roof over their heads don’t have to pay the rent but unless they bought insurance for their belongings they will have to rely on state and federal disaster assistance and their own savings and income to finance their recovery.
If the storm destroyed your rental, Florida law says "....the tenant may terminate the rental agreement and immediately vacate the premises." And in cases where part of the home is damaged or destroyed "....the tenant’s liability for rent shall be reduced by the fair rental value" of the part of the premises that is damaged.
Anyone living in a storm-damaged rental should make a request for repairs in writing. If things aren’t fixed in seven days the tenant can exercise their right to withhold rent but there’s nothing to stop the property owner from filing an eviction with the court.
Consumer attorney Charles Gallagher said renters will also need to deposit the rent they would have paid the landlord with the clerk of court.
“It is somewhat unfair for tenants in the state of Florida, for a tenant to maintain a defense under an eviction you must post their money with a court,” said Gallagher.
In cases where tenants have a renter's insurance policy, they may get a payout for not only their contents but also for loss of use.
There are resources for those in need. The Family Resource Center has offices open in several counties. State staff is on-site to help individuals and families with hurricane recovery resources.
And storm victims can apply for federal assistance with FEMA.
RECOMMENDED: How to apply for FEMA assistance after Hurricane Ian
