Many tenants assume their lease automatically ends if their home is destroyed by a hurricane or other disaster. However, that is not always the case.
A Lease Usually Does Not End Automatically
In most cases, a lease only ends when:
- The tenant provides written notice, or
- The landlord provides written notice
Even if the property is severely damaged, the lease may technically remain in effect until proper notice is given.
When You Can Terminate the Lease
If the property becomes uninhabitable, tenants generally have the right to terminate the lease.
However, tenants should still:
- Review the lease terms
- Follow any notice requirements
- Send written termination notice
Where Should You Send Notice?
Many leases specify where notices must be sent.
This address may be different from where you send rent payments.
Sending notice to the wrong address could cause problems later.
Protect Yourself With Documentation
If you terminate your lease due to damage:
- Send the notice by certified mail
- Request return receipt
- Keep copies of everything
These records may protect you if the landlord later claims unpaid rent.
Disclaimer: This information is not intended to take the place of legal advice. It is designed to inform you with basic information regarding hurricane preparedness and ways to protect yourself as a homeowner or renter after a disaster.
Need Legal Help?
Florida Rural Legal Services, Inc. (FRLS) is a non-profit law firm that provides free civil legal aid to eligible individuals, families, and vulnerable communities across 13 Florida counties, as well as to farmworkers statewide.
FRLS office locations:
- Belle Glade
- Fort Myers
- Port St. Lucie
- Immokalee
- Lakeland
- West Palm Beach
Our offices serve the following counties: Lee, Polk, Palm Beach, St. Lucie, Martin, Okeechobee, Indian River, Highlands, Hardee, Hendry, Charlotte, Desoto, and Glades.
You can contact us on our Intake Hotline at 1-888-582-3410.