Fla. Stat. § 83.40 et seq. § 83.63
Casualty damage.
Operative Text
If the premises are damaged or destroyed other than by the wrongful or negligent acts of the tenant so that the enjoyment of the premises is substantially impaired: (1) The tenant may terminate the rental agreement and immediately vacate the premises. The tenant may vacate the part of the premises rendered unusable by the casualty, in which case the tenant’s liability for rent shall be reduced by the fair rental value of that part of the premises damaged or destroyed. If the rental agreement is terminated, the landlord shall comply with s. 83.49(3). (2) The tenant must be given: (a) The opportunity to collect his or her belongings from the premises when it is safe to do so; or (b) Notice of the date by which the tenant will be able to collect his or her belongings from the premises, which must occur within a reasonable time.
Florida Statute § 83.63 addresses what happens when a rental property is damaged or destroyed through no fault of the tenant, to the point that the tenant's ability to enjoy the premises is substantially impaired. Under this rule, the tenant has the option to end the rental agreement and vacate immediately, or to remain in the undamaged portion of the unit while paying a proportionally reduced rent. Regardless of which path is taken, the tenant must be given a safe opportunity to retrieve their belongings, either immediately or within a reasonable time after receiving notice.
Plain English — not legal advice.
Under Fla. Stat. § 83.63, property owners and managers should be prepared to act promptly when a casualty event substantially impairs a tenant's use of the premises. A compliant operator typically notifies the tenant of their options, calculates a fair rental reduction for any unusable portion of the unit, and follows the security deposit return procedures outlined in § 83.49(3) if the rental agreement is terminated. Operators also generally coordinate safe access for tenants to retrieve their belongings, either immediately or by providing clear written notice of when that access will be available.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Fla. Stat. § 83.63 gives tenants meaningful protections when a rental unit is damaged or destroyed through no fault of their own and their enjoyment of the premises is substantially impaired. Tenants have the right to terminate the rental agreement and vacate immediately, or to stay in the usable portion of the unit and have their rent reduced to reflect the fair rental value of the damaged area. If a landlord does not honor these rights — such as by failing to reduce rent appropriately or denying access to belongings — tenants may consider raising a violation as a defense in any related legal proceeding, filing a complaint with a local housing authority, or reaching out to a tenant-rights organization for general guidance.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation