Landlord/Tenant & Evictions

Casualty Damage Florida Rental Property

Pursuant to Florida Statute 83.63, if the premises are damaged or destroyed other than by the wrongful or negligent acts of the Tenant, the Tenant may terminate the rental agreement and immediately vacate the premises.  The use and enjoyment of the premises by the Tenant must be substantially impaired otherwise the Tenant may not vacate or terminate their Florida rental agreement.

Further, if part of the premises is deemed unusable, the Tenant may vacate that portion of the premises and the Tenant’s liability for rent shall be reduced by the fair rental value of the part of the premises that is damaged or destroyed.

This is an important distinction because if the premises are fully destroyed, the Tenant can terminate the rental agreement and vacate; however, if part of the property is destroyed and the other part is suitable for enjoyment and habitation, the Tenant can reduce his/her monthly rental payment by the fair rental value of that portion that is unused.  This can be a tricky calculation but a Tenant should only pay for the property they can use.

Is your leased property suffering from casualty damage? The Law Office of Ryan S. Shipp, PLLC is here to help you with all of your Landlord-Tenant needs. Call us today @ (561) 699-0399 to set-up an appointment to visit our Lantana, Florida office location.

No posts
Licensed to practice law in the State of Florida since 2008, Ryan S. Shipp, Esquire is the founder and principal attorney at Law Office of Ryan S. Shipp, PLLC, which is located in Palm Beach County, Florida. Mr. Shipp and his team of associate attorneys and support staff focus their practice in the areas of real estate and business law.

Related Posts

Unlawful Detainer

Guest Won’t Leave House Florida | 561.699.0399

GUEST WON’T LEAVE HOUSE FLORIDA Do you have a guest that refuses to leave your Florida home? Problems with guests over staying their welcome are coming up now…

Ryan S. Shipp Esq.

Ryan Shipp, Esquire: The Tenacious Landlord Attorney Who Gets The Job Done

When it comes to landlord-tenant disputes in Florida, there’s one attorney who stands out from the rest: Ryan Shipp, Esquire. Known for his fierce determination, extensive legal knowledge…

Florida Unlawful Detainer

Florida Unlawful Detainer | 561.699.0399

What Is A Unlawful Detainer? An Unlawful Detainer is a lawsuit that is filed by a Florida property owner that requests that the court issue an order to…

Florida College Evictions

Eviction Challenges Near Florida College Campuses: Attorney Landlord Services To The Rescue

Hey there, landlords near college campuses in Florida! We know that managing rental properties can be a rewarding venture, but dealing with evictions can be a real headache….

Florida Landlords

Top 10 Things Every Florida Landlord Should Know

Are you interested in becoming a landlord in Florida or are you already a Florida landlord? Being a landlord can be a pretty rewarding experience, but it’s crucial…

Residential Lease Drafting

Residential Lease Drafting | 561.699.0399

Residential Lease Drafting Residential lease drafting is an essential process that landlords and tenants should engage in to establish the terms of a rental agreement. The process of…

Facebook Iconfacebook like buttonSubscribe on YouTubeTwitter Icontwitter follow buttonVisit Our Lead Counsel Page
Call Now Button**CLICK HERE** LET US CALL YOU