Some tenants can be complete nightmares. But the same holds true for certain landlords. You know the type: cheap, unhelpful, rude and generally difficult to deal with. But as with many things in life, there are levels to just how bad something - or someone - can be. And the following story might actually make you appreciate your own landlord from hell.
A guy has told how he and his partner rented a house in Florida, not realizing just how hectic the hurricanes there can get. When the first one hit, they followed the landlords' instructions and simply lowered the shutters. Big mistake... But the landlords refused to fix the broken roof.
Fast forward to the second storm, and the tenants soon found themselves in a damp home filled with black mold and cockroaches. Instead of stepping in to help, the landlords threatened to sue them for the damages.
Landlords are legally responsible for fixing structural damage caused by a hurricane
When one elderly couple refused, their tenants took revenge and the entire house was gutted
Who is actually responsible for hurricane damage to a house? The experts weigh in...
Florida's law clearly states that landlords must provide safe and habitable rentals. Additionally, tenants may qualify for reduced rent or lease termination if the unit becomes uninhabitable due to hurricane damage. It's right there in Florida Statute 83.63, which reads that if “the enjoyment of the premises is substantially impaired, the tenant may terminate rental agreement and immediately vacate the premises.”
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.
This doesn't mean that tenants don't have hurricane responsibilities in the state. Apart from being responsible for their own belongings during a storm, and following evacuation orders, tenants are also required to notify the landlord of conditions requiring repair.
"After a storm, prompt damage reporting—with photographs when it is safe to take them—helps the owner initiate insurance claims within required notification windows," notes the Don Asher Management site.
The Florida property management experts add that tenants are also responsible for securing or bringing in all outdoor items ahead of a storm. "Patio furniture, grills, potted plants, toys, and similar items left outdoors during a storm become projectiles," they warn.
The Don Asher team says there are several common mistakes that landlords make when it comes to hurricanes. One is assuming the tenant 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.
Another mistake is making lofty promises. For example, promising immediate repair when access may be restricted. "After a major storm, roads may be closed, the property may be in an evacuation zone, and contractors may be unavailable," the site cautions. "Do not make repair-timeline commitments you cannot keep."
The property experts say that while a landlord can include reasonable storm-preparation obligations in the lease, they cannot require a tenant to perform tasks that are legally or practically the owner's obligation, such as maintaining structural systems.
So, go ahead and request that your tenant brings in outdoor furniture, follows evacuation orders, and reports damage promptly. But fix that roof yourself!
"Mold is in the Bible": An unfortunate number of people shared similar stories about their landlords
