Hurricane & force-majeure clauses: who installs shutters in Boca/Deerfield condos vs. Palm Coast SFHs

When it comes to Florida’s storm season, the difference between coastal South Florida and the quieter northeast coast often shows up in the fine print of leases and condominium documents — especially in hurricane and force-majeure clauses. These provisions determine who is responsible for installing shutters, securing property, and handling delays or damage caused by major storms.

1. Understanding Force-Majeure Clauses

A force-majeure clause is a key provision in Florida leases that protects both landlords and tenants when unexpected, uncontrollable events interrupt normal living or business conditions. These clauses are designed to excuse one or both parties from fulfilling lease obligations when circumstances beyond their control make performance impossible, illegal, or unsafe.

Typical force-majeure events include hurricanes, tropical storms, flooding, power outages, and government-issued evacuation orders. In coastal areas like Boca Raton, Deerfield Beach, and Palm Coast—where severe weather is a recurring risk—these clauses have become increasingly detailed and essential.

For tenants and landlords, the practical effects usually include:

Rent obligations: Rent is generally not automatically forgiven during a storm unless the property becomes legally or physically uninhabitable.

Rent Obligations During a Storm: When Is Rent Forgiven?

In Florida, severe weather events such as hurricanes, flooding, or mandatory evacuations can disrupt normal living conditions—but they rarely eliminate a tenant’s rent obligations entirely. Under Florida law, rent is generally not automatically forgiven during a storm unless the property becomes legally or physically uninhabitable.

When Rent Continues

Most Florida leases, including residential and commercial agreements, require tenants to continue paying rent even if access is temporarily limited by storm conditions, power outages, or evacuation orders. These situations are typically viewed as temporary interruptions, not as legal grounds for rent abatement. Unless the lease specifically provides otherwise, tenants remain bound to pay rent as long as the property remains habitable once the emergency passes.

When Rent May Be Abated

Rent relief or suspension may apply if the property becomes legally uninhabitable—for example, if local authorities condemn the unit or if the structure suffers significant storm damage that makes it unsafe to occupy. Under Florida Statutes §83.63, tenants may terminate a lease or withhold rent only when the dwelling is destroyed or rendered unfit for habitation through no fault of their own.In such cases, the landlord is not obligated to rebuild unless the lease states otherwise, and the tenant’s obligation to pay rent ends when the property can no longer be lawfully or safely occupied.

Force-Majeure and Lease Clauses

Some leases contain force-majeure clauses that temporarily excuse performance—such as rent payment or repair duties—when natural disasters make compliance impossible. However, these clauses rarely erase rent obligations unless explicitly stated. Instead, they typically delay deadlines until conditions stabilize.

Best Practice: Clarify in Writing

To prevent misunderstandings, landlords and tenants should address rent responsibilities for storm-related disruptions directly in the lease. Clauses can specify when rent is abated, prorated, or deferred due to hurricanes, floods, or official evacuation orders.

In Florida’s hurricane-prone regions, clear lease language—and a shared understanding of habitability standards—can prevent post-storm disputes and ensure both parties are treated fairly under the law.

Maintenance Responsibilities During a Declared Emergency

In Florida, hurricanes and tropical storms often make it unsafe—or impossible—for property owners, managers, or contractors to perform regular upkeep. When a state of emergency is declared, routine maintenance and repair obligations may be temporarily paused until conditions allow safe access and proper work performance. This temporary pause is a practical necessity recognized under both Florida law and standard lease and property management practices.

Safety Comes First

During declared emergencies, safety regulations and government orders take precedence over contractual duties. High winds, flooding, debris, and power outages can make it dangerous for maintenance crews or property managers to enter buildings or perform repairs. Under these circumstances, both landlords and tenants are generally excused from performing maintenance tasks that would expose them—or others—to risk.

Landlord Obligations

Under Florida Statutes §83.51, landlords must maintain habitable conditions, including structural integrity, utilities, and essential systems. However, when a storm or evacuation makes access impossible, those obligations are temporarily suspended until it becomes reasonably safe to resume repairs. Once the emergency passes and authorities allow re-entry, landlords are expected to promptly inspect and restore habitability.

Tenant Obligations

Tenants are typically responsible for day-to-day maintenance—such as keeping the unit clean, operating dehumidifiers or air-conditioning systems, and notifying the landlord of damages. During an emergency, these responsibilities may also be paused if the tenant cannot safely access the property or if utilities are disrupted. Tenants should document any damage and report it to the landlord as soon as conditions permit.

Insurance and Documentation

Pausing maintenance does not eliminate the need for post-storm documentation. Both landlords and tenants should keep records of property conditions, communications, and attempted repairs. These details often become crucial for insurance claims and compliance with local building codes once the emergency period ends.

Post-Emergency Resumption

After officials declare an area safe, normal maintenance duties resume. Landlords should coordinate with licensed contractors for necessary repairs, while tenants should cooperate with inspections and restoration work.

By balancing safety, documentation, and timely response, both parties can meet their legal duties while minimizing liability during Florida’s frequent storm seasons.

Liability Protections Under Force-Majeure Clauses

When hurricanes, floods, or other natural disasters strike Florida, they can make it impossible for landlords and tenants to meet their normal lease obligations. A well-drafted force-majeure clause provides critical protection by recognizing that neither party can typically be held responsible for delays, disruptions, or damage directly caused by the covered event.

Purpose of the Clause

The goal of a force-majeure clause is to allocate risk fairly when events beyond human control—such as hurricanes, government-mandated evacuations, or infrastructure failures—interrupt property use or management. Rather than assigning blame, the clause temporarily excuses performance until the event passes and conditions allow both parties to resume normal obligations.

Landlord Protections

For landlords, these provisions can limit liability for failure to complete repairs, respond to maintenance requests, or deliver possession of a unit during or immediately after a disaster. For example, if a hurricane damages power lines or blocks access roads, a landlord cannot reasonably be expected to restore utilities or perform maintenance until the area is declared safe. The force-majeure clause shields them from breach-of-contract claims under those conditions.

Tenant Protections

Tenants also benefit. If a tenant cannot safely occupy the property or access it due to an evacuation order or road closure, the clause generally prevents the landlord from imposing penalties for delayed move-in, late rent (if properly documented), or failure to vacate by a set date. In both cases, the focus is on good faith compliance once circumstances allow—not on punishing unavoidable delays.

Limits of Protection

It’s important to note that force-majeure clauses do not cover negligence or lack of preparation. If either party fails to take reasonable precautions—such as securing property, installing shutters, or following evacuation directives—they may still face liability for preventable damage. Courts often interpret these clauses narrowly, requiring a clear link between the force-majeure event and the inability to perform.

Best Practice

Landlords and tenants in Florida’s hurricane-prone areas should ensure their lease includes specific language identifying covered events (e.g., hurricanes, floods, power outages) and clarifies the obligations that are suspended during such periods. Clear documentation and prompt communication are essential for maintaining protection under the clause.

By establishing mutual understanding through precise lease language, both parties can reduce legal risk and focus on safety and recovery when disaster strikes.

Modern Florida leases often include hurricane-specific carveouts that go beyond general force-majeure language. These may require tenants to:

• Secure personal property before a storm;

• Follow mandatory evacuation orders; and

• Notify landlords promptly of any post-storm damage or safety hazards.

Landlords, in turn, are expected to restore habitability as soon as reasonably possible after the event. The specific outcomes depend on the exact language of the lease and the timing and severity of the event. Reviewing this clause carefully before signing a lease—especially in hurricane-prone areas—is essential for both sides to understand their rights and limits during Florida’s storm season.

2. Boca Raton & Deerfield Beach Condos: The Condo Board Takes the Lead

In the coastal condominium communities of Boca Raton and Deerfield Beach, hurricane preparation is largely coordinated and enforced by the condominium association (HOA) rather than by individual owners or tenants. These areas—dense, vertical, and governed by strict building codes—require collective storm readiness to protect both residents and shared structures.

Association Responsibility for Storm Protection in Florida Condominiums

In coastal Florida communities such as Boca Raton and Deerfield Beach, condominium associations play a central role in hurricane preparedness and property protection. The Homeowners’ Association (HOA) or Condominium Association typically assumes responsibility for installing and maintaining storm shutters or other protective systems on common elements and building exteriors. This centralized approach ensures safety, consistency, and compliance with both insurance requirements and state law.

Centralized Management and Uniformity

Under the Florida Condominium Act (Florida Statutes Chapter 718), exterior components of a building—including walls, roofs, and windows—are usually classified as common elements. As such, their upkeep and protection fall under the HOA’s jurisdiction rather than the individual unit owner’s.Most associations establish detailed hurricane protection policies that specify:

• Approved shutter models or impact systems that meet local building codes;

• Installation and removal procedures, including who may perform the work; and

• Seasonal schedules for installation before and removal after hurricane season.

This uniformity helps maintain the building’s structural integrity and aesthetic consistency, while ensuring compliance with insurance carrier requirements.

Reducing Risk and Disputes

By handling storm shutter responsibilities at the association level, HOAs help prevent damage that can result from uneven preparation or unauthorized installations. Coordinated action also reduces the risk of:

• Water intrusion or wind damage caused by improperly installed panels;

• Insurance coverage disputes over whether protective measures were in place; and

• Safety issues stemming from residents attempting dangerous pre-storm preparations on upper floors.

Associations often hire licensed contractors to handle installation and inspection, further minimizing liability and ensuring compliance with manufacturer warranties.

Communication with Owners and Tenants

Before each hurricane season, HOAs typically issue notices outlining the building’s storm protection schedule, access requirements, and resident responsibilities (such as clearing balconies). Owners and tenants must comply with these rules to avoid fines or liability under the condominium’s governing documents.

Through proactive management and standardized procedures, associations in Florida’s hurricane-prone coastal regions protect not only individual units but also the long-term value and insurability of the entire property.

Owner Limitations

Individual unit owners and tenants generally cannot install, remove, or modify shutters on their own without written approval from the association. Unauthorized work can violate community uniformity requirements or create safety hazards during storms. These restrictions are rooted in the Florida Condominium Act (Florida Statutes Chapter 718), which prioritizes collective maintenance of shared property and safety compliance.

Tenant Role

For tenants, compliance focuses on following the building’s emergency directives—such as clearing balconies, removing loose objects, and allowing maintenance crews to access units when needed. Tenants must also cooperate with HOA schedules for window protection, generator testing, or post-storm inspections.

Noncompliance and Liability

If a unit owner or tenant interferes with association procedures, they may face fines, disciplinary actions, or liability under the condo’s bylaws. Noncompliance that leads to damage or injury could also expose the responsible party to claims from the association or other owners.

In short, hurricane preparation in Boca Raton and Deerfield Beach condos is a collective operation, where the condo board takes the lead and residents play a supporting role. Understanding and adhering to HOA directives is not only a safety measure but also a legal obligation under Florida condominium governance.

3. Palm Coast Single-Family Homes: Owner or Tenant? It Depends on the Lease

In Palm Coast, hurricane preparation for single-family homes and canal-front properties operates differently than in the high-rise condo markets of Southeast Florida. Here, property management responsibilities—especially regarding storm shutters and protective measures—are determined primarily by the lease agreement. The flexibility of detached homes means the parties must rely on clear contractual language rather than uniform association rules.

Owner Responsibility

In many Palm Coast leases, the property owner or landlord retains responsibility for installing or managing storm shutters, especially when the process involves specialized hardware, tools, or requires professional installation. This arrangement is common in single-family homes where owners maintain a more direct role in property upkeep.

By overseeing or hiring professionals to install shutters, owners can ensure that the work complies with manufacturer specifications and local building codes. Proper installation not only safeguards the home from hurricane damage but also protects the owner from potential liability if a tenant were to be injured or if the shutters were improperly secured.

Some landlords include hurricane-preparation clauses in their lease agreements that clarify these duties — for instance, specifying that the owner will handle installation while tenants are responsible for securing loose outdoor items or ensuring access to the property before a storm. This clarity helps prevent disputes and ensures that both parties understand their roles in protecting the home during severe weather events.

Tenant Responsibility

In long-term residential leases, tenants may be assigned specific hurricane-related duties when the property already has the necessary equipment on-site. These responsibilities often include tasks such as installing metal storm panels, closing accordion shutters, or securing outdoor furniture and décor before a storm approaches. The key factor is accessibility—if the shutters and tools are available and reasonably easy to manage, the tenant can be expected to perform these steps as part of their duty to care for the property.

A well-drafted lease agreement should clearly define these expectations, specifying not only what tasks the tenant must complete but also when and how they must do so. For example, a lease might require tenants to install panels within 24 hours of a hurricane warning or to confirm completion with the landlord or property manager. This written clarity ensures both parties understand their obligations and reduces the potential for conflict or blame if damage occurs.

Establishing these responsibilities in advance also helps streamline insurance and repair processes after a storm. When duties are clearly documented, it becomes easier to determine whether damage resulted from tenant negligence or from unavoidable storm conditions—an important distinction for insurance adjusters and property owners alike.

Force-Majeure Protection

When hurricanes, tropical storms, or government evacuation orders make it impossible for tenants to perform their lease obligations, the force-majeure clause typically comes into effect. This provision protects both landlords and tenants from being held liable for delays, damages, or failures to act caused by events beyond their control—such as road closures, mandatory evacuations, or power outages.

Under such circumstances, tenants are not considered in breach of contract for being unable to install shutters, secure outdoor items, or complete other storm-preparation tasks. Similarly, landlords are shielded from liability for delays in maintenance or repairs caused by emergency conditions. The key purpose of a force-majeure clause is to recognize that certain extreme events make normal lease performance impracticable or unsafe.

In Palm Coast’s more spread-out, owner-managed housing landscape, clarity in the lease is the foundation of effective hurricane preparedness. Whether the responsibility for storm protection lies with the owner or the tenant, both parties benefit from written terms that align with local emergency management protocols and Florida’s legal framework for force-majeure events. Establishing this mutual understanding in advance ensures smoother coordination and fairer outcomes during and after a disaster.

Practical Tips for Landlords and Tenants

Whether in a Boca Raton condominium, a Deerfield Beach coastal unit, or a Palm Coast single-family home, effective hurricane preparation depends on clear communication, documentation, and coordination. Both landlords and tenants play critical roles in protecting property, ensuring safety, and complying with insurance and legal requirements. The following best practices help minimize confusion and post-storm disputes.

Check the Lease

Before hurricane season begins, both landlords and tenants should carefully review the lease agreement to confirm who is responsible for installing, removing, or maintaining storm shutters and other protective systems. This review is the first step in preventing confusion or disputes when a storm approaches. Clearly defined terms help ensure that both parties understand their duties, timelines, and limits of responsibility.

The lease should also specify what happens if neither party can act due to government evacuation orders, road closures, or other unsafe conditions. This is where a well-drafted force-majeure clause becomes essential. Such a clause protects both landlord and tenant from being held liable when unforeseen events—like hurricanes or mandatory evacuations—make it impossible to fulfill their obligations.

By clarifying these provisions before hurricane season, property owners and renters can better coordinate their preparations and ensure compliance with both safety guidelines and Florida landlord-tenant laws. A proactive lease review helps protect property, minimize liability, and promote smoother recovery after the storm passes.

Keep Written Policies

Condominium boards and homeowners’ associations (HOAs) should issue annual written hurricane procedures to all unit owners and tenants before each storm season. These written policies serve as both a preparedness guide and a legal safeguard for the association. They help ensure that every resident understands what to do—and when to do it—when a hurricane threat arises.

Comprehensive policies typically outline timelines for shutter installation, balcony clearance requirements, parking restrictions, and post-storm inspection procedures. For example, associations may require owners to remove outdoor furniture or decorations within a certain number of hours after a hurricane watch is issued, or to ensure shutters are properly closed by a set deadline.

Consistent communication and enforcement of these policies are critical. Not only do they promote resident safety and property protection, but they also reduce liability for the association by demonstrating that proactive, uniform steps were taken to mitigate risk. Boards should distribute policies in writing—via email, notice boards, and community portals—and require signed acknowledgments where feasible.

Document Before and After

Both landlords and tenants should take dated photos or videos of the property before and after a storm to create a clear record of its condition. This simple step can make a significant difference when filing insurance claims, seeking repair reimbursements, or resolving disputes over property damage. Comprehensive documentation helps establish what damage was caused by the storm versus what existed beforehand.

In addition to visual evidence, both parties should maintain inspection logs, maintenance receipts, and correspondence records—such as emails or messages about property conditions, repairs, or insurance communication. These records demonstrate diligence and can help substantiate claims for reimbursement or justify decisions about liability and repair responsibilities.

For landlords, such documentation supports compliance with property maintenance duties under Florida law and can streamline the claims process with insurers. For tenants, it provides proof of compliance with lease obligations and helps avoid being unfairly charged for preexisting or unrelated damage.

Keeping accurate and time-stamped documentation not only strengthens insurance and legal protection but also promotes transparency and trust between landlords, tenants, and property managers.

4. Coordinate with Insurers

Insurance coordination is a critical part of hurricane preparedness and recovery for both landlords and tenants. Many insurance policies—especially those covering windstorm or hurricane damage—require proof that storm protections were properly deployed before coverage applies. This may include evidence that shutters were installed, impact windows were closed, or other mitigation measures were in place prior to the storm’s arrival.

To meet these requirements, both parties should review their insurance policies in advance to understand specific conditions and documentation expectations. Taking dated photos or videos showing that protective systems were activated can help verify compliance and prevent disputes during the claims process.

After the storm, landlords and tenants should promptly notify their insurers of any damage and share inspection findings, photos, and repair estimates. Early and transparent communication helps expedite claim processing and reduces the risk of denied or delayed payments.

By combining clear lease terms, written policies, thorough documentation, and proactive insurance coordination, both landlords and tenants can significantly reduce the stress and uncertainty of hurricane season. This comprehensive approach not only protects physical property but also safeguards the financial and legal interests of everyone involved.

Sources:

• Florida Bar Real Property, Probate and Trust Law Section; Florida Statutes §83.51 (Landlord and Tenant Obligations); Florida Realtors Legal Hotline Guidance on Force-Majeure Clauses (2024).

• Florida Condominium Act, Florida Statutes Chapter 718; Florida Department of Business and Professional Regulation (DBPR) – Division of Condominiums; City of Boca Raton Emergency Management Guidelines; Deerfield Beach Building and Safety Department Hurricane Preparedness Advisory (2024).

• Florida Residential Landlord and Tenant Act, Florida Statutes §§83.51–83.63; Florida Bar Real Property, Probate and Trust Law Section – Lease Obligations and Habitability Standards (2024); Florida Realtors Legal Hotline – Hurricane Rent and Repair Guidance (2024).

• Florida Office of Insurance Regulation – Hurricane Preparedness & Claims Guidance (2024); Florida Bar Real Property, Probate and Trust Law Section; Florida Department of Business and Professional Regulation (DBPR) Condominium Division; Florida Realtors Legal Hotline Advisory on Lease and Storm Procedures (2024).

• Florida Residential Landlord and Tenant Act, Florida Statutes §83.51; Florida Division of Emergency Management – Post-Disaster Building Access & Safety Guidelines (2024); Florida Bar Real Property, Probate and Trust Law Section – Hurricane Response and Repair Duties (2024); Florida Realtors Legal Hotline – Maintenance Obligations During Declared Emergencies (2024).

• Florida Bar Real Property, Probate and Trust Law Section – Force-Majeure in Florida Leases (2024); Florida Realtors Legal Hotline – Hurricane Contract and Lease Guidance (2024); Florida Statutes §83.51–83.63 (Landlord and Tenant Obligations); Florida Department of Business and Professional Regulation – Disaster Response and Property Management Advisory (2024).

•  Florida Division of Emergency Management; Florida Realtors® Lease Guidelines; Palm Coast Property Management Best Practices (2024).

• Florida Department of Business and Professional Regulation; Florida Landlord-Tenant Law (Fla. Stat. §83.51); Florida Realtors® Residential Lease Guidelines (2024).

• Florida Statutes §83.63 (Casualty Damage); Florida Realtors® Lease Agreement Guidelines; Florida Division of Emergency Management – Hurricane Preparedness Resources (2024).

• Florida Residential Landlord and Tenant Act, Florida Statutes Chapter 83; City of Palm Coast Emergency Management Division – Hurricane Preparedness Guidelines (2024); Florida Realtors Legal Center on Lease Clauses and Force-Majeure Responsibilities.

• Florida Realtors® Residential Lease Agreement (2024); Florida Statutes §83.51–§83.63; Florida Division of Emergency Management – Hurricane Preparedness Guidelines.

• Florida Condominium Act (Fla. Stat. §718.111(11)); Community Associations Institute – Hurricane Preparedness Guidelines (2024); Florida Division of Emergency Management – HOA/Condo Storm Readiness Resources.

• Florida Statutes §83.51 (Landlord’s Obligation to Maintain Premises); Florida Office of Insurance Regulation – Post-Storm Claims Guidance (2024); Federal Emergency Management Agency (FEMA) – Homeowner and Renter Disaster Documentation Tips.

• Florida Office of Insurance Regulation – Hurricane Claims Procedures (2024); Florida Department of Financial Services – Insurance Consumer Helpline; Federal Emergency Management Agency (FEMA) – Hurricane Preparedness and Recovery Guidance.