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.
