Answering your questions about hurricane recovery
As the greater Tampa Bay region continues to wrestle with the damage and destruction caused by back-to-back hurricanes Debby, Helene and Milton, there are multiple resources available to help individuals get back on their feet.
On a special edition of Florida Matters, we were joined by Pinellas County Public Information Officer David Connor, FEMA External Affairs Officer Brady Penn, and Charles Gallagher of St. Petersburg law firm Gallagher & Associates.
They answered calls from listeners and provided information on available resources supporting their recovery as the official end of hurricane season nears.
"A lot of people will be eligible for a direct grant from FEMA, whether that's for potentially repairing a damaged car, damage to your roof or siding, potentially even greater damage than that to your residents," said Penn.
On delayed FEMA assistance approvals
Penn encourages individuals who are still awaiting FEMA grant approvals to call the hotline at 1-800-621-3362 or visit any of the 20 disaster recovery centers across the region to receive support on fulfilling any missing pieces of their applications.
On solving landlord and tenant disputes
"I would look long and hard at that lease to see what kind of rights you have in terms of your property, how it's maintained and what you do in the event of a landlord default," said Gallagher. "As painful as it might be, sit down and read that lease cover to cover to see what kind of rights exist in your favor and what kind of rights that the landlord has."
On landlords' lost revenue recovery
When asked about opportunities to receive relief from tenants breaking their leases due to hurricane property damage, Gallagher points to the terms on the lease agreement.
"When they begin that relationship as tenant landlord, they have the right to go ahead and agree to the terms. If there is some term on the lease that permits lost revenue as a result of a breach, then you have that as a possibility," said Gallagher. "But if it's not spelled out in that lease, you're probably not going to have a court give any kind of thought or consideration to lost profits as a result of a tenant moving out."
Gallagher mentioned a Notice of Material Non-Compliance for defects, where a tenant can give the landlord a seven-day notice to fix them. If not fixed, the lease terminates without further rent obligation. As such, if the lease doesn't mention lost revenue, it's unlikely to be recoverable.
On car damage happening on tow yards
Gallagher explained the concept of a bailment, which imposes obligations on the tow yard. The key issue is whether the tow yard is aware of the flood risk.
"What kind of expectation did that property owner have of their area flooding? Is it a low area? If the tow yard knew that they had to safeguard these cars and keep them in a higher place, you may have some cause of action," said Gallagher. "If they believe that they were above sea level by many feet, and never had any flooding issues there, you might find courts say this is an act of God. This is a natural disaster, not their fault."
In short, more facts are needed about the tow yard's knowledge and the property's condition to determine liability.
On the processing of multiple insurance claims
"Helene was more of a flood event, and flood policy is probably going to be the more appropriate vehicle there for relief, whereas Milton was more of a windstorm claim, where a homeowners policy likely provides coverage for that," said Gallagher.
"I would go ahead and make claims with both carriers in the event you've got flood loss for a flood. Then if you think you've got the roof issues, check your homeowners policy and let them sort that out."
