These are the questions Florida property managers ask most often about hurricane season -- about tenant rights, insurance coverage, claims process, and what to do when things go wrong. Clear answers, organized by topic.
Tenant Rights and Lease Questions
Do I have to let tenants break their lease after hurricane damage?
Under Florida Statute 83.63, if a rental unit becomes uninhabitable due to damage not caused by the tenant, the tenant may terminate the lease and is released from further rent obligations. The landlord must be notified in writing. The key word is uninhabitable -- partial damage that allows the tenant to remain does not automatically trigger this right. If you dispute habitability, get a written assessment from a licensed inspector quickly. Do not simply refuse the termination without documentation of continued habitability.
What if a tenant refuses to evacuate under a mandatory evacuation order?
You cannot physically force a tenant to evacuate. Your legal obligation is to issue the mandatory evacuation notice in writing (text and email) and document delivery with timestamps. If the tenant remains despite the order, note it in your records but do not enter the unit. After the storm, if the tenant sustained injury or property damage, your documented notice is your legal protection. Florida law does not create a duty on landlords to physically remove tenants -- it creates a duty to warn and notify, which written communication satisfies.
Who pays for temporary housing after a storm damages my rental unit?
If you have loss of rents coverage, your policy pays you the lost rental income during the period the unit is uninhabitable. It does not pay the tenant's temporary housing directly. The tenant's renters insurance (if they have it) includes loss of use coverage that pays for their alternative housing. If the tenant does not have renters insurance, they bear the cost of temporary housing themselves. This is one of the primary reasons to require renters insurance in your lease -- it shifts the temporary housing burden to the tenant's own policy.
What happens to the security deposit if the unit is destroyed?
If a unit is destroyed and the lease is terminated due to uninhabitability, the security deposit must be returned under the same rules as any other lease termination -- within 15 days if you claim no deductions, or 30 days with written itemization if you make deductions. Storm destruction is not a basis for withholding the security deposit. If there is pre-existing damage the tenant caused that would have supported a deduction, that claim must still go through the statutory process with proper notice.
Can I raise rent after storm repairs are complete?
Florida does not have statewide rent control, so you can generally raise rent to market rate at lease renewal. However, price gouging laws activate during a declared state of emergency and for 60 days after -- gouging is defined as a price increase of more than 10% above the pre-emergency level for essential commodities and services including housing. Post-storm rent increases imposed during the emergency period or shortly after can constitute price gouging under Florida Statute 501.160, which carries civil and criminal penalties.
Insurance Coverage Questions
What is the difference between ACV and replacement cost on my claim?
Actual cash value (ACV) pays replacement cost minus depreciation. Replacement cost value (RCV) pays the full cost to replace the item new. On a 15-year-old roof with a 25-year life expectancy, ACV might pay 40% of replacement cost. RCV pays 100%. Florida's 2023 SB 2A reform allowed carriers to write ACV-only roof policies, which substantially reduces storm claim recovery for older roofs. Check your declarations page for "roof surfacing" or "ACV roof" endorsements -- these are coverage-restricting and should be identified before storm season, not after.
Is storm surge covered by hurricane insurance?
No. Storm surge is classified as flooding and is excluded from standard hurricane and windstorm policies. Storm surge requires separate flood insurance -- either through the National Flood Insurance Program (NFIP) or the private flood market. This is one of the most expensive coverage misconceptions in Florida. Many property managers assume their hurricane policy covers all hurricane-related damage. It does not. If your coastal property is in a flood zone and you lack separate flood coverage, storm surge damage is entirely uninsured.
Do I need separate flood insurance if I already have a hurricane policy?
Yes, if your property has any flood risk. Hurricane insurance and flood insurance are separate products covering different perils. Hurricane insurance covers wind damage and wind-driven rain (rain that enters through a wind-created opening). Flood insurance covers water that enters the structure from ground level -- including storm surge, flash flooding, and overflowing water bodies. If your property is in a FEMA Special Flood Hazard Area (Zone A or V), flood insurance is likely required by your mortgage lender regardless. Even outside mandatory zones, Florida's storm surge history makes flood insurance worth evaluating seriously.
What if my insurer goes insolvent after a storm?
Florida has had multiple carrier insolvencies after major storms. If your insurer is declared insolvent, the Florida Insurance Guaranty Association (FIGA) steps in to pay covered claims up to $300,000 per claim ($200,000 for non-homestead residential). FIGA coverage is real but has limits and different processing timelines than normal claims. You do not need to do anything special to access FIGA -- claims are automatically transferred. However, FIGA processing is slower than normal claims. Check your carrier's Demotech rating before storm season; carriers rated below A are at elevated insolvency risk.
Claims Process Questions
How long does the insurance company have to pay my claim?
Florida law sets specific deadlines: the insurer must acknowledge your claim within 14 days of receipt, begin investigation within 10 days of receiving proof of loss, and pay or deny within 90 days of receiving the proof of loss. If the insurer misses the 90-day payment deadline, interest accrues on the unpaid amount. If the insurer engages in bad faith delay or denial, Florida Statute 624.155 allows you to file a Civil Remedy Notice and pursue extra-contractual damages after a 90-day cure period.
Can I start repairs before the adjuster visits?
Emergency mitigation -- tarping, board-up, water extraction -- must begin immediately after a storm. Do not wait for the adjuster before mitigating further damage; Florida's duty-to-mitigate clause requires you to prevent additional loss and failure to mitigate can void coverage for damage that could have been prevented. Document mitigation efforts with photos and receipts. Permanent repairs should generally wait until after the adjuster visit and scope agreement. If you must begin permanent repairs due to emergency conditions, document the necessity thoroughly in writing.
What if a contractor damages my property during storm repairs?
Contractor damage during repairs is a separate claim against the contractor's general liability insurance -- not your property insurance. Before any contractor starts work, verify they carry general liability insurance with you named as an additional insured, and workers' compensation for their employees. Get the certificate of insurance before work begins. If a contractor damages your property and lacks insurance, your options are limited to civil litigation against the contractor directly, which is slower and less certain than an insurance claim. This is why verification before work starts is essential.
DOCUMENT EVERYTHING IN WRITING
Across all of these situations -- tenant communication, contractor agreements, claim filings -- written documentation is what determines outcomes when disputes arise. A verbal conversation has no evidentiary value. A timestamped text message, a certified letter, a signed contract, a dated photograph -- these are what property managers who recover fully have in common.
Organize your hurricane season documentation in LossHQ
Store pre-storm photos, insurance documents, tenant communications, and claim records in one place -- accessible when you need them most.
Start Free -- No Card Required ->The Bottom Line
Florida property managers face a consistent set of questions every hurricane season. Tenants have real rights to terminate leases for uninhabitable conditions but not for partial damage. Storm surge requires separate flood insurance -- hurricane policies do not cover it. Insurance companies have statutory deadlines to pay claims. Emergency mitigation must begin immediately without waiting for adjusters. And all of these situations are resolved more favorably with written documentation than without it. For related resources, see the complete hurricane season checklist, Florida tenant rights after hurricane damage, and why Florida insurance claims get denied.