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As landlords try to repair Helene damage, Tampa-area renters say they are being unfairly evicted

Liz and Dan say the landlord initially agreed to let them stay as repairs were made, but now they are being evicted.
Kerry Sheridan
/
WUSF
Liz and Dan say the landlord initially agreed to let them stay as repairs were made, but now they are being evicted.

After Hurricane Helene flooded their rental home with about a foot of water, Liz and Dan say they didn't hear from their landlord for two days.

Then, what both landlord and tenants say started as a "gentleman's agreement" that would allow the renters to stay in their Snead Island home while the landlord made repairs, soon turned nasty and contentious. Voices were raised, fingers pointed, eviction notices slapped on doors, and police and lawyers called.

WUSF is withholding the last names of the people in this story due to the legal issues involved, and to protect their privacy.

Their ordeal illustrates the kind of landlord-tenant disputes unfolding across Florida as people grapple with losing homes and belongings in a relentless hurricane season fueled by climate change and unusually warm ocean waters.

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As thousands of homes on the Gulf Coast of Florida sustained damage from Debby, then Helene, and now with Milton on the way, many are experiencing the hardships of trying to live in homes destroyed by floodwaters, and witnessing firsthand the slow pace of aid for people in need.

"The bottom line is the house is unsafe to be in," said Mark, the landlord.

"It is not even close to being in code. There's electrical problems, I have water over outlets. I got all kinds of stuff I gotta fix and they can't be in there."

"I want to put my foot down. And I want to do this for us, and everybody else out there that's scared, that's crying every single solitary day. Don't know where the next dollar is going to come from. Don't know where they're going to live." Dan, a renter
Dan, a renter

Mark's own house on Snead Island did not flood in Helene, but two other homes he and his wife own and rent out were damaged in the late September hurricane, he said.

"We were lucky," said Mark. "But we own two other houses on this island that both flooded, and we've been in cutting down drywall. Got into a big old squabble with the tenants that we were renting to," Mark said, recounting how the tenants asked for 30 days notice.

"No, no, no," said Mark. According to the lease, in case of a hurricane, "I get to do emergency damage repair. I got to get in here do it, or it's going to be black mold, and you're going to die. And not only that, you have to leave. I'm sorry."

Devastating storm surge despite Helene's path

Hurricane Helene made landfall Thursday, Sept. 26 near the Big Bend region of Florida, well north of Manatee County. But storm surge from the Category 4 hurricane pushed waters inland and flooded many homes across the Tampa Bay area, including on Snead Island, at the mouth of the Manatee River.

Five days after Helene hit, the tenants' belongings and ruined furniture were piled high at the edge of the lawn.

"We got nowhere to go. We've spent five hours today looking for places. We called two numbers and they haven't returned our phone call. We got nothing," said Dan, the tenant.

Some residents say they lost everything when Snead Island saw storm surge from Hurricane Helene.
Kerry Sheridan
/
WUSF
Some residents say they lost everything when Snead Island saw storm surge from Hurricane Helene.

Dan lives with his wife Liz, who is diabetic. They also have several dogs. With all they've lost in the storm, he said it wasn't easy to find and pay for a new place.

"We've tried FEMA, we are waiting on that. We have tried loans. We are waiting on that. But we can't go nowhere. We can't afford to go in a hotel."

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According to Jason Susalla, managing attorney of Bay Area Legal Services disaster relief team in Ybor City, many people are in the same boat.

"We primarily find that renters are in situations where they are being asked to leave, they're being forcefully removed from their premises and such due to damage," Susalla said.

And in Florida, the deck is already stacked against renters.

"Generally speaking, landlord tenant law in Florida is quite landlord friendly, as compared to other states, maybe in the north, where tenants are accustomed to more rights," Susala added.

"Sadly, the state of Florida has very little to no protections for this scenario. No requirement for relocation assistance for folks that are flooded out and just cannot come back to their homes." Ivanna Gonzalez, director of campaigns at Florida Rising
Ivanna Gonzalez, director of campaigns at Florida Rising

There are certain things a landlord cannot do, like turn off utilities or lock a tenant out.

"There's nothing in the law per se that allows the landlord to remove the tenant to repair the property. The lease, however, may have a casualty provision in it, in which it says, if the property sustains substantial damage, a tenant may have to move out," said Susalla.

Limited protections for renters

And indeed, Dan's lease has such a clause, according to the landlords. It terminates the lease immediately if there's hurricane damage.

"Sadly, the state of Florida has very little to no protections for this scenario. No requirement for relocation assistance for folks that are flooded out and just cannot come back to their homes," said Ivanna Gonzalez, director of campaigns at Florida Rising, a nonprofit that advocates for housing rights, among other issues.

"There are requirements in state law that call for landlords to ensure the habitability of the properties that they rent. And so there's some some leverage there for a renter, but it absolutely requires the resources to sue a landlord for violating the terms of their contract," said Gonzalez.

Experts say help has just not materialized in short order for most renters in Florida. Housing aid from the Federal Emergency Management Agency for renters can take weeks to process, said Kevin Rabin, Litigation Director at Three Rivers Legal Services in north central Florida.

"I mean, this is our third storm in 13 months — Hurricanes Idalia and Debby and now Hurricane Helene," Rabin said. "I think it's important not to sugarcoat it, or lead people to hope more than they should about what the situation's realities are.

"Florida law doesn't specifically change its procedures when a disaster occurs. So, for example, our normal state law on the period of time that a landlord has to give notice to a tenant before they could be evicted for not paying the rent is three business days."

That short window for eviction stays the same after a disaster, according to Rabin.

'It's just heartless'

After almost a week passed since Helene, Dan said another eviction notice was put on his door.

"I mean, we're poor and they're walking all over us," said Dan.

The drywall has been cut away about a foot above the floorboards. Dan said he spoke with code enforcement, who told him the landlord should have requested a permit for that, and did not.

Sinks and refrigerators have been pulled out, and some flooring was removed. All that's left in the home, furniture wise, is the couple's bed and dresser.

"They think we haven't suffered. You know, to them, they've lost everything. I get that. But to me, I'm not their friends. I'm the landlord, and I have a contract." Denise, a landlord
Denise, a landlord

But the power is on, and Dan said he keeps it clean, and wants to be able to stay.

"I want to put my foot down. And I want to do this for us, and everybody else out there that's scared, that's crying every single solitary day. Don't know where the next dollar is going to come from. Don't know where they're going to live," said Dan.

"And stop it! It was a catastrophe. It was a dangerous storm. It was a nasty storm. Have compassion."

His wife Liz said they've always paid their rent on time since moving in earlier this year.

"Why would you do something like that to people? It's just heartless," Liz said.

The landlords said they plan to proceed with the eviction, and will meet with an attorney Tuesday.

"I feel myself vulnerable to liability, not to mention how I would feel if something tragic was to happen. There's no refrigeration, there's no kitchen in the house," said Mark.

"It's a horrible situation to be in. I truly do feel for them," added his wife, Denise.

"They think we haven't suffered. You know, to them, they've lost everything. I get that. But to me, I'm not their friends. I'm the landlord, and I have a contract," she said.

But with another powerful hurricane, Milton, barreling toward the Gulf Coast of Florida with landfall expected Wednesday, Denise said the tenants will be able to stay in the home, at least for now, as everyone tries to weather the next storm.
Copyright 2024 WUSF 89.7

Kerry Sheridan is a reporter and co-host of All Things Considered at WUSF Public Media.
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