Location: Okaloosa County, Florida.
My husband and I have rented the same single-family home in Fort Walton Beach for eight years. We have a good relationship with our private landlord and would prefer to remain in the home once it's safe.
The house was built in 1986, and our landlord has owned it since 1993. Before the hurricane, I specifically asked whether the house had ever sustained storm-related water damage. He told me it hadn't.
Although the property isn't in a designated flood zone, we've experienced significant drainage problems for years. Water from the cul-de-sac collects in our yard and driveway and can take days, sometimes a week or two, to dissipate. I have approximately eight years of photos and videos documenting this.
Earlier this year, I asked our landlord about installing a French drain and obtained estimates from landscapers. They believed it was possible, but our landlord disagreed, so we didn't pursue it further.
In July 2026, I contacted the county about the drainage problems.
County personnel subsequently placed survey flags around our property and four neighboring properties and marked four trees for removal. I was told they planned to install a swale, with work anticipated around September or October.
One neighbor has already moved their fence in preparation for the proposed work.
The improvements were not completed before the hurricane.
We evacuated October 8th and returned October 12th to find the entire home's flooring saturated. We don't know exactly when water entered or how long it remained inside.
We've since disposed of damaged furniture, moved belongings into storage, and begun removing the flooring. During removal, we discovered suspected mold, including a substantial amount underneath the kitchen flooring.
My husband owns a licensed and insured flooring/remodeling business. He offered to handle the flooring removal and replacement, and our landlord agreed to hire and pay his company. They'll have a written estimate and signed contract outlining the scope and costs.
We're aware that the moisture and suspected mold need to be properly addressed before new flooring is installed.
We have two toddlers, and our temporary accommodations end October 21st. We also discovered that our renters insurance was no longer active, so we're currently covering our damaged belongings, storage, and temporary housing expenses ourselves.
I have two main legal concerns:
- County drainage issues and potential liability
- Could a county potentially bear responsibility for flood damage when it was aware of longstanding drainage problems and had planned improvements that weren't completed?
- I understand that planning improvements doesn't necessarily create a legal obligation to complete them by a particular date. Is there anything about these circumstances that would warrant further investigation?
- As tenants, could we potentially pursue compensation for damaged personal belongings or displacement expenses, or would a claim primarily belong to the property owner?
- What documentation would be most important if we decided to consult an attorney?
Most of my communication with the county was by phone. I plan to submit a public records request for the assessments, proposed plans, work orders, and related communications.
- Tenant rights and habitability
- If the house remains uninhabitable on November 1st, what are our rights concerning rent?
- Does Florida law require any particular written notice or procedure to preserve those rights?
- Is our landlord potentially responsible for temporary housing or other expenses while the house is being repaired?
- Since my husband's company is being hired to perform some of the repairs, are there legal considerations we should address to keep our roles as tenants and contractors separate?
We're not looking to terminate our lease or pursue litigation unnecessarily. We've lived here eight years because we love the house and neighborhood, and we'd genuinely like to return.
I'm also not assuming the county or landlord is legally responsible for our losses. I'm trying to understand whether there's a reasonable basis to investigate, what rights we have as tenants, and what we should be doing now to protect ourselves.
Would these circumstances warrant a consultation with a Florida attorney? If so, what type of attorney would be appropriate?