Hurricanes, Storms & the Tenant
Part 2 & 3: Hotel Requests and Refusing to Remove Personal Property
As we get closer and closer to some potential disasters, the Property Manager needs to really hone their skills on what inevitably will happen. Last month we discussed whether a unit is habitable or uninhabitable and how to proceed. This month, let's look at the hotel accommodation request and what occurs if a Tenant flat out refuses to remove their personal property from an uninhabitable unit. Read up on this ongoing series regarding tropical storms, hurricanes and how to deal with issues correctly. Share the articles with your staff.
Part 2: Tenants, Hotels/Alternate Accommodations and the Damaged Home
The storm is over. The home is severely damaged or uninhabitable and to top it off, utilities are out. What do you do when the Tenant requests that you pay for a hotel? Maybe it was even your idea! You feel sorry for the Tenant and want to help in any way you can. Paying for a hotel for a "few days" can land you into a lot of trouble. Knowing your responsibilities and taking the proper path is crucial. Remove all emotions and even common sense and proceed legally.
- You are NOT required by law to pay for alternative accommodations for a Tenant.
- It is not recommended to pay for alternative accommodations for a Tenant.
- You are not required to put the Tenant up in another apartment you may have.
- You cannot guarantee when a repair will be started, made or finished.
- If a home is damaged or uninhabitable PLEASE READ our information on this in the June 2026 Newsletter.
⚠️ DO NOT promise a Tenant they can return to the home after repairs are made. If you put a Tenant up in a hotel or an alternative accommodation, we may not be able to assist you. There is no legal obligation to put a Tenant in a hotel or an alternative accommodation so simply put, do not do it. Trust us.
It is crucial that you contact our office when something serious has occurred to the home, you are tempted to put the Tenant up in a hotel or the Tenant requests this. Our firm has dealt with hundreds of situations like this when possibly this is only your first time. Don't delay, contact us immediately at info@evict.com and this will go straight to one of our attorneys. If you delay too long after a problem has begun, our ability to help you diminishes so contact us FAST.
Part 3: Tenants Refusing to Remove Personal Property
Many Tenants will vacate after a severe storm due to the damage that occurred BUT, they will refuse to remove their personal property. They have no intention of returning nor can they. You don't even want them to return. Understanding how to handle this is crucial as it occurs all the time.
Often the personal property is so damaged that the Tenant does not even want it but how do you know? The moment you dispose of the Tenant's property, the trouble begins because that waterlogged couch suddenly becomes a $2000 piece of personal property that the Tenant wants.
The fact that a Tenant has appeared to vacate a severely damaged home does not give the Property Manager or Owner the right to dispose of the Tenant's personal property. You MUST get a FORM signed by all the Tenants stating that you may dispose of their personal property.
Verbal agreements are useless. If you cannot get the Tenant to sign a CONFIRMATION OF VACATING PREMISES, do whatever possible to contact the Tenant by text or email and get all Tenants to confirm they have vacated and do not want ANY personal property left behind. SAVE all texts and emails.
If your lease has the proper ABANDONED PROPERTY CLAUSE and the Tenant has truly abandoned PER LAW, you may be able to remove the personal property but there is an incredible risk. Do whatever possible to get the Tenant to sign a CONFIRMATION OF VACATING PREMISES our office provides.
If the Tenant refuses to give you written confirmation that they have vacated and that you may dispose of the personal property, we will give you the proper notice and we will file an eviction when the notice expires.
Your nicest Tenants can radically change their tune after a severe storm. In many cases, an eviction must be filed unless the Tenant has legally relinquished possession of the premises to you. Using the proper form signed by all Tenants is an absolute must and we are here to guide you every step of the way. Question? Simply send an email to info@evict.com and this will go directly to the attorneys.
Facing a hurricane-related tenant situation? Contact the Law Offices of Heist, Weisse & Wolk at info@evict.com or 1-800-253-8428. We are here to guide you every step of the way.
