Updated October 2026. We rewrote this guide to match current Florida and Texas landlord-tenant law. The old version said tenants still owe full rent after a disaster; in both states that’s often not true. Read the statute or ask a local attorney before you act on a specific lease.
After a hurricane, flood or fire, a landlord keeps the right to inspect, repair, collect rent for usable space and end the lease if the home is unlivable, but loses rent for the damaged part. As of October 2026, Florida law (s. 83.63) lets the tenant end the lease or pay less, and requires 24 hours’ notice to enter for repairs outside an emergency.
Jump to: 🪜 First steps · 💲 Rent · 🏠 Entry and repairs · 📍 Texas rules · 🤝 Insurance and aid · ❓ FAQ
Landlord rights after a disaster, in short
- Florida: if damage you didn’t cause makes the home substantially unusable, the tenant may end the lease or pay less for the unusable part (s. 83.63).
- Florida: 24 hours’ notice to enter for repairs, between 7:30 a.m. and 8:00 p.m.; no notice needed in an emergency (s. 83.53).
- Texas: if the home is totally unusable, either side may end the lease in writing before repairs are done (Property Code 92.054).
- SBA disaster loans: up to $500,000 for a primary home; rental property goes through the business loan program, up to $2 million (SBA).
What should a landlord do right after a disaster?
People first, then the property, then the paperwork. Contact your tenants as soon as you can. Ask if they’re safe and where they are. If they’re still there, they can describe the damage. If they left, ask whether the roads are open and when it’s safe to visit.
- Check on tenants and write down what they tell you, with the date.
- Visit when it’s safe. Photograph and film every room, inside and out, before you clean anything.
- Call your insurer the same day and get a claim number.
- Stop further damage: tarp the roof, board windows, shut off water if pipes broke. Keep receipts.
- Tell tenants in writing what you’ll repair, when work starts and how long it should take.
Keep tenants informed the whole way. A short weekly update avoids most disputes. For prevention ideas, see the different ways to protect your home and how to choose.
What does the lease say about disaster damage?
Read it before you call anyone. Many leases have a casualty clause that says who repairs what, whether rent stops, and how either side can end the lease. The lease can’t take away rights the state law gives tenants, but it can add detail. Then read your state’s statute. Our guide to understanding rights and responsibilities in a rental lease explains the common clauses, and Florida landlords’ rights and duties covers the rest of chapter 83.
Does a tenant still owe rent after a hurricane or flood?
Only for the part they can still use, in Florida. If the premises are damaged or destroyed, other than by the tenant’s wrongful or negligent acts, so that enjoyment is substantially impaired, the tenant may end the lease and move out right away. Or the tenant may vacate only the unusable part, and rent drops by the fair rental value of that part (Florida Statutes 83.63).
If the lease ends, you handle the deposit the normal way: return it within 15 days, or send a certified notice of any claim within 30 days (s. 83.49). Since a 2025 change to 83.63, the tenant must also get a chance to collect belongings when it’s safe, or a notice of the date by which they can.
| Situation (Florida) | Tenant’s options | What the landlord should do |
|---|---|---|
| Minor damage, home still livable | Rent continues; ask for repairs | Repair promptly under s. 83.51 |
| Part of the home unusable | Vacate that part, pay less | Agree the reduced rent in writing |
| Home substantially unusable | End the lease and leave | Return or claim the deposit on time; set a date to collect belongings |
| Damage caused by the tenant | 83.63 doesn’t apply | Document it; check the lease and insurance |
Late fees after a disaster are a judgment call. You may be able to charge them under the lease for usable space, but waiving them for a month often keeps a good tenant. Florida tenants can also withhold rent if a landlord fails to maintain the home, after giving 7 days’ written notice (s. 83.60).
Can a landlord enter to inspect and repair?
Yes. In Florida, you may enter at any time to protect or preserve the premises. For repairs, give at least 24 hours’ notice and enter between 7:30 a.m. and 8:00 p.m. You may enter without notice in an emergency, with the tenant’s consent, or if the tenant unreasonably refuses (s. 83.53).
You also have to fix things. Florida landlords must follow building, housing and health codes, or keep the roof, windows, doors, floors, walls, foundation and plumbing in good repair (s. 83.51). For a single-family home or duplex, the lease can change some of these duties in writing. Should you let tenants hire the repair crew? It saves time, but you lose control of quality and cost. We’d keep it in your hands. After water damage, our guide on how to remodel your home after a flood covers drying, mold and rebuilding.
How is it different in Texas?
Texas Property Code 92.054 covers casualty loss. If the home is, as a practical matter, totally unusable and the tenant didn’t cause it, either the landlord or the tenant may end the lease by written notice any time before repairs are done. The tenant then gets a pro rata rent refund from the move-out date and the deposit refund the law requires (Tex. Prop. Code 92.054).
Two more Texas points. If the home is only partly unusable, the tenant is entitled to a proportionate rent cut, but only on judgment of a county or district court, unless a written lease says otherwise. And for insured losses like fire, smoke or hail, the landlord’s repair clock doesn’t start until the insurance money arrives.
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Buy a home →How do insurance, loans and taxes work for a damaged rental?
Your landlord or dwelling policy covers the building; the tenant’s renters policy covers their things. Flood is usually a separate policy. Check whether you have loss-of-rent coverage, since it can replace income while the home is empty.
If the area gets a federal disaster declaration, the SBA lends to owners. Homeowners can borrow up to $500,000 to repair a primary residence, but second homes don’t qualify; qualified rental properties may get help through the business physical disaster loan program, which goes up to $2 million (SBA). For storm-specific help, see our post on how to get disaster assistance after Hurricane Irma.
Taxes: a casualty loss on rental property is figured differently from a loss on your home. If rental property is destroyed, the loss is your adjusted basis minus salvage value and any insurance you get or expect. Losses in a federally declared disaster area can be claimed in the prior tax year (IRS Publication 547). Ask a tax pro for your case.
How can you limit damage before the next storm?
Hurricane-rated windows or shutters, a roof check before storm season, sandbags when floods are forecast, and a written storm plan for tenants all help. Put the plan in the lease file: who shuts off water and power, where the shutters are stored, and how you’ll reach each other. Photograph the home every year so you have a “before” record. Our guide on how landlords manage rental properties effectively has a checklist.
What if you’d rather sell the damaged rental?
Some owners decide not to rebuild. You can sell as-is, but you still have to disclose known damage, and the buyer’s lender may require repairs. Review the contract terms in our purchase and sale agreement guide. With Beycome’s flat fee MLS listing, Basic is $99 and there’s $0 due to Beycome at closing. In Florida and Texas, Beycome Title can close the sale: $99 in Florida, prepaid at checkout, and $299 per side in Texas. Michigan, Ohio, Illinois and Indiana are added starting November 1, 2026.
Frequently asked questions about landlord rights after a natural disaster
Does a tenant have to pay rent if the house is damaged by a hurricane?
In Florida, not for the part they can’t use. If the home is substantially unusable and the tenant didn’t cause it, they may end the lease or pay less (s. 83.63).
Can a landlord end a lease after a natural disaster?
In Texas, yes: if the home is totally unusable, either side may end it in writing before repairs are done (92.054). In Florida, the statute gives the termination option to the tenant.
How much notice does a Florida landlord need to enter for repairs?
At least 24 hours, between 7:30 a.m. and 8:00 p.m. No notice is needed in an emergency or to protect the property (s. 83.53).
Who pays for repairs after a natural disaster?
Usually the landlord, through the landlord’s insurance. The tenant’s renters insurance covers their belongings. If the tenant caused the damage, the rules change.
Can landlords get disaster loans for rental property?
Qualified rental properties may get help through the SBA business physical disaster loan program, up to $2 million. Second homes are not eligible for home loans.
Must a landlord return the deposit if the lease ends after a disaster?
Yes, under the normal rules. In Florida, return it within 15 days or send a certified notice of any claim within 30 days (s. 83.49).
Prices as of October 2026 and subject to change; from November 2, 2026, Basic is $129 in California and Illinois. “$0 at closing” means no Beycome fee at closing; taxes, title fees and other closing costs still apply. Beycome Title: Florida and Texas today; Michigan, Ohio, Illinois and Indiana starting November 1, 2026. Statutes summarized as read on October 27, 2026; leases and local rules can add terms. General information, not legal or tax advice.
Sources
- Florida Statutes 83.63, casualty damage, read October 27, 2026.
- Florida Statutes 83.51, landlord’s obligation to maintain premises, read October 27, 2026.
- Florida Statutes 83.53, landlord’s access to dwelling unit, read October 27, 2026.
- Florida Statutes 83.49, deposit money or advance rent, read October 27, 2026.
- Florida Statutes 83.60, defenses to action for rent, read October 27, 2026.
- Texas Property Code 92.054, casualty loss, read October 27, 2026.
- U.S. Small Business Administration, disaster assistance, read October 27, 2026.
- IRS Publication 547 (2025), casualties, disasters and thefts, read October 27, 2026.
- Beycome, listing package features, October 2026.
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