For a long time, Floridians have known the drill when hurricane season hits—boarding up windows, stocking up on supplies, and ensuring we have enough bottled water to ride out the storm. But when a major hurricane looms, there’s more to consider than physical preparation. At Hoffman, Larin & Agnetti, we’ve seen the devastation hurricanes cause, not just to property but also to people’s legal rights and claims afterward. This guide will cover essential legal steps to protect yourself and your loved ones before a hurricane hits—steps beyond keeping your documents safe.
If you have a parenting agreement or are preparing one, read #5!
1. Review and Update Insurance Policies
While everyone knows to take stock of their home and car insurance, it’s essential to understand the specifics of your policies. Ensure you know what your policies cover and where the gaps are. For instance:
- Homeowners Insurance: Ensure your policy covers wind damage and flooding, as many policies separate the two. Hurricanes can bring heavy rainfall and storm surges, causing flood damage that is often excluded from standard homeowners policies.
- Flood Insurance: If you live in a flood-prone area, verify your flood insurance. Flood policies often have a 30-day waiting period before they go into effect.
***Document Proof of Property: Take photos and videos of your property and assets before the storm. Having visual proof of the condition of your home and belongings can help you in case of a dispute with your insurance company later.
2. Understand and Protect Your Rights with Landlords
If you’re renting, knowing your legal rights and responsibilities in the event of a hurricane is essential. Here are key areas to focus on:
- Landlord’s Obligations: Your landlord must maintain your rental unit in a habitable condition, even after a natural disaster. However, some landlords may try to claim they aren’t responsible for storm-related damages. Review your lease agreement to understand how hurricane damage is handled.
- Rent Payments: Florida law allows you to withhold rent if your rental unit becomes uninhabitable due to hurricane damage, but you must follow specific legal procedures. Ensure you have documentation of the damage and communication with your landlord.
- Renter’s Insurance: If you don’t already have it, now’s the time to invest in renter’s insurance to protect your personal belongings and provide liability coverage.
3. Prepare for Disputes with Contractors
In the aftermath of a hurricane, many people hire contractors for repairs, often in a state of desperation. However, this can lead to legal disputes, especially when dealing with unlicensed or unscrupulous contractors. Here’s how to protect yourself legally:
- Licensed Contractors Only: Always verify that your contractor is licensed and insured. Avoid “storm chasers” who pop up offering quick, cheap repairs.
- Get Everything in Writing: Before the hurricane hits, have contracts or agreements with any contractors you’re considering for potential repairs. Ensure it covers scope, costs, and timelines. In Florida, you have the right to a written contract for repair over $1,000.
- Beware of Scams: After the storm, fraudulent contractors may approach you, asking for large deposits upfront or offering deals that seem too good to be true. Always research any company thoroughly before signing a contract or handing over money.
4. Secure Legal Protection for Your Business
If you’re a business owner, preparing your operations for a hurricane is crucial to minimize financial and legal fallout:
- Business Insurance: Check that your business interruption insurance covers natural disasters. This can be your company’s lifeline if the hurricane shuts down operations.
- Employee Safety: You have a legal obligation to ensure the safety of your employees during a natural disaster. Ensure you have a clear hurricane preparedness plan that complies with Florida’s safety laws.
- Contracts and Deliverables: If you cannot fulfill business contracts due to hurricane damage, you could face breach of contract claims. Review your agreements to see if they include “force majeure” clauses, which can protect you in unforeseen disasters.
5. Establish a Temporary Custody Plan for Children
If you share custody of your children, hurricanes can cause unique legal challenges. For example, custody arrangements can become complicated if the storm makes travel impossible. Prepare by:
- Temporary Custody Agreements: Draft a temporary custody or visitation plan with your co-parent for hurricane season. This plan can address where the children will stay during an evacuation or who is responsible for picking them up if travel restrictions apply.
- Court Approval: If you anticipate challenges with your co-parent, consider getting the temporary plan approved by the court. This ensures legal backing if disputes arise during or after the storm.
6. Power of Attorney and Health Directives
Hurricanes can create dangerous situations that put lives at risk. Before the storm, ensure that you and your loved ones are protected legally in case of emergencies:
- Power of Attorney: Grant a trusted individual the power to make legal and financial decisions if you become incapacitated or unreachable.
- Health Directives: A living will or health directive can ensure your medical wishes are honored in the event of serious injury or illness during a hurricane. This is especially important if evacuation or delayed medical services could complicate care.
7. Plan for Evacuations and Relocations
Evacuations can be stressful, but legal preparation can ease the burden. Consider the following:
- Emergency Relocation Rights: Understand your rights if you need to relocate to a different area or state. Some areas have different legal protections for tenants, employees, and families who evacuate due to natural disasters.
- Employment Contracts: Review your employment agreement to ensure you know your employer’s policies around leave, remote work, or compensation during hurricane evacuations.
- Document Communication: If you’re forced to leave your home and communicate with insurance companies, landlords, or other parties remotely, make sure you document all interactions via email or text message for future reference.
Conclusion:
Preparing for a hurricane is more than just securing your home—it’s about securing your legal rights. From reviewing your insurance policies to ensuring your family’s safety through legal agreements, taking these extra precautions can protect you from financial loss and legal headaches after the storm has passed. At Hoffman, Larin & Agnetti, we have over 40 years of experience helping our clients weather the storm—literally and legally. Contact us today if we can assist you in any way.
Stay dry, and please, stay safe.
Call us at 305-653-5555, text us at 305-653-1515, email us at [email protected], or fill out the form on this page, and we will call you. We will meet with you at any of our four offices or by ZOOM if that is easier for you.
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