Can You Evict During a Hurricane in Florida?
Florida hurricane season runs June 1 through November 30. During those six months, evictions can stall for reasons unrelated to your case — courthouse closures, executive orders, FEMA disaster declarations, and habitability claims. Here's how each layer affects your timeline and what to do at each stage.
Yes — evictions continue during hurricane season. But Cat 3+ storms typically trigger: (1) courthouse closures of 1–7 days, (2) gubernatorial executive orders pausing sheriff lockouts in declared counties for 30–60 days, and (3) FEMA disaster assistance that sometimes funds tenants to cure back rent. New filings still proceed; ongoing cases often pause.
Four ways a hurricane delays your eviction
Miami-Dade Civil Courthouse closes
When NWS issues a tropical storm warning for Miami-Dade or the county orders evacuations, the courthouse closes. All filings, hearings, and writ-of-possession issuances pause. Sheriff suspends civil service (lockouts) for the duration. Most closures are 1–3 days; major storms (Wilma, Ian) closed for 5–7.
Governor's executive order
After Cat 3+ storms with major damage, the Governor typically issues an executive order pausing sheriff lockouts (writs of possession) in declared counties for 30–60 days. New filings continue but actual physical removal halts. Track active orders at floridadisaster.org.
FEMA disaster declaration
A federal disaster declaration unlocks FEMA Individual Assistance — up to 18 months of rental assistance for displaced tenants. If your tenant qualifies, FEMA funds may be used to cure back rent, which forces dismissal of an active non-payment eviction (you must accept tendered cure).
Habitability defense
If the storm damaged the unit (roof, flooding, power loss), the tenant may raise a habitability defense under Fla. Stat. § 83.51. The court can either pause the case until repairs are complete or reduce the rent owed proportionally. Document the unit BEFORE filing to prevent retroactive habitability disputes.
What to do at each stage
- 1
Before a hurricane warning is issued
If you're mid-eviction and a named storm is approaching, e-file any pending documents 48 hours ahead. The Florida E-Filing Portal stays open; only physical court services close. Document property condition with timestamped photos.
- 2
During courthouse closure
Wait. Filings submitted during closure are accepted with the closure-day timestamp. No need to refile.
- 3
Day 1 after reopening
Check executive orders at floridadisaster.org. If lockouts are paused, your writ stays valid but Sheriff cannot execute until the order expires. Continue serving notices and filing — the front-end of the process is unaffected.
- 4
If tenant claims storm damage
Inspect the unit immediately. If habitable, document with photos and proceed. If genuinely uninhabitable, you have an obligation under § 83.51 to repair or release the tenant from rent — pursuing eviction for non-payment of rent on an uninhabitable unit will fail.
- 5
When FEMA funds tenant
If tenant tenders FEMA assistance to cure back rent before judgment, you must accept and the case is dismissed. Save yourself the legal fee — confirm the cure amount in writing first.
Recent Florida hurricanes and their eviction-pause windows
| Storm | Year | Eviction pause window |
|---|---|---|
| Wilma | 2005 | Courthouse closed 7 days; no statewide pause |
| Irma | 2017 | Courthouse closed 5 days; Sheriff lockouts paused 14 days |
| Ian | 2022 | EO 22-218 paused lockouts 60 days in declared counties |
| Helene | 2024 | EO 24-176 paused lockouts 30 days; FEMA disaster declared |
Source: Florida Division of Emergency Management. Each storm's exact order text is available at floridadisaster.org.
Related guides
Authoritative Florida resources
Primary sources for statutory text, court procedures, and licensed legal help.
- Florida Statutes Chapter 83Florida Residential Landlord and Tenant Act — full statutory textflsenate.gov
- Miami-Dade Clerk: Civil & Family CourtFiling fees, e-filing portal, courthouse detailsmiamidadeclerk.gov
- Miami-Dade Sheriff: EvictionsWrit of possession service procedures and Sheriff coordinationmiamidade.gov
- Florida Bar Lawyer Referral ServiceLocate a Florida-licensed eviction attorneyfloridabar.org
FAQ
Can a Florida eviction be filed during an active hurricane?
Technically yes if the courthouse is open, but in practice no. Miami-Dade Civil Courthouse closes for hurricanes when the National Weather Service issues a tropical storm warning or the county is under mandatory evacuation. Filings during closure are rejected; e-filings sit in queue until reopening.
Does the Governor's executive order pause evictions during hurricanes?
Sometimes. After a major hurricane (Cat 3+), Florida governors have historically issued executive orders pausing evictions in declared counties for 30–60 days — most recently after Hurricane Ian (Sept 2022) and Hurricane Helene (Sept 2024). Pause typically applies to sheriff lockouts, not new filings. Check the Florida Department of Emergency Management for active orders.
My tenant's house is damaged. Can I still evict for non-payment?
Yes — if the unit is still habitable. If the unit was rendered uninhabitable by the storm (no roof, flooding, no power), the tenant may have a defense under Fla. Stat. § 83.51 (landlord's habitability obligation). Document the unit's condition with photos before serving any notice.
What if FEMA pays the tenant's rent after a disaster?
FEMA Individual Assistance can pay up to 18 months of rental assistance to tenants displaced by a federally declared disaster. The payments go to the tenant, not directly to the landlord. If the tenant uses the funds to cure back rent, you must accept the payment and dismiss the eviction.
How long does the courthouse stay closed after a hurricane in Miami-Dade?
Typically 1–3 business days for Cat 1–2 storms with no major flooding. After Hurricane Ian (2022) and Hurricane Wilma (2005), Miami-Dade Civil Courthouse was closed 5–7 days. Major hurricanes can push case schedules back 30+ days due to compounded backlog.
Don't wait for storm season to start
File before June 1 if you can — every week earlier is one less week of hurricane risk extending your timeline.
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