(LAKELAND, Fla.) – In the aftermath of Hurricane Ian, many renters in Florida were left with property damage and unresolved repair issues. When conditions became uninhabitable, some renters had the legal right to withhold rent from landlords. Understanding how to lawfully leverage rent payments to ensure necessary repairs were made proved critical for many tenants navigating post-storm recovery.
With funding from the Legal Services Corporation (LSC), Florida Rural Legal Services (FRLS) provided disaster-related legal services to clients impacted by Hurricane Ian. FRLS, a nonprofit law firm, delivers free civil legal aid to income-eligible individuals, families, and vulnerable populations across 13 Florida counties, as well as to farmworkers statewide.
Disaster legal services encompasses a wide range of civil legal issues, including landlord-tenant disputes. FRLS offered guidance to help renters understand their rights and responsibilities. Here's a step-by-step breakdown of the process tenants were encouraged to follow:
1. Evaluate the Damage
To withhold rent, damages, and repairs must be substantial. If your living situation becomes unsafe, you are entitled to have these repairs made. Some examples of ample repairs would be a broken front door, unusable plumbing, or water leaks coming from the ceiling.
2. Document the Damage
Before cleaning or making any repairs take photographs of any damage caused by a disaster. Moreover, have an unbiased third party review the damages; have local code enforcement inspect your property. Lastly, keep detailed records in case you go to court.
3. Send a Letter
Your landlord must be aware of the repairs before you can legally withhold your rent. Write a letter to your landlord outlining the needed repairs and your decision to withhold your rent. The letter must be received by your landlord at least seven days before the rent is due.
4. Prepare your Rent Money
Yes, you may withhold your rent if you follow these steps, but you will be required to pay rent if the repairs are made. To ensure that you are protected, keep your rent payment in a safe location for when you must pay.
5. Contact FRLS
Requesting repairs does not entitle your landlord to evict you. If you have been affected by a disaster and are seeking free legal services, contact FRLS today to see if you qualify.
About Florida Rural Legal Services (FRLS):
Florida Rural Legal Services, Inc. (FRLS) is a non-profit law firm that provides free civil legal aid to qualified individuals, families, and vulnerable communities across 13 Florida counties and to farmworkers statewide. Since 1966, FRLS has pursued justice by providing legal services in
housing law, family law, consumer protection, public benefits, elder law, disaster relief, education law, tax advocacy, and more, all at no cost to our clients. FRLS collaborates with community organizations and Pro Bono attorneys to deliver quality advocacy, outreach, and education designed to protect the rights of those in need. For over 50 years, FRLS has been a steadfast advocate for justice. Learn more at www.FRLS.org.