Hurricane season in Florida runs from June 1 through November 30. The 2025 forecast from NOAA includes 17 named storms, 9 hurricanes, and 4 major hurricanes. These numbers highlight the importance of early planning. If you own or manage commercial real estate in Florida, hurricane preparedness for businesses should be at the top of your checklist. Preparation includes more than boarding up windows or reviewing insurance. It also means reviewing your legal documents, clarifying tenant responsibilities, and making sure your post-storm plan aligns with your lease and management agreements.
Lease and Legal Documents: The Foundation of Hurricane Prep
Start with your lease. For many commercial property owners, the lease agreement is the most important tool for reducing risk during hurricane season. It defines what you are responsible for and what obligations fall to the tenant. Too often, lease documents use generic language that fails to reflect Florida’s unique environmental risks. Your lease should clearly define responsibilities for structural repairs, especially damage to the roof, windows, doors, and HVAC systems. If you own a retail center, signage, and common areas should also be addressed. Avoid clauses that rely on assumptions or leave room for tenant misinterpretation. Clarity here reduces the chance of delays or disputes after the storm.
Every commercial lease should include a force majeure clause that accounts for hurricanes. This clause should explain what happens when a storm shuts down access, disrupts power, or damages the space. Will rent be deferred? Will repair timelines affect lease enforcement? What happens if a property becomes uninhabitable for weeks? These questions need to be answered before a storm makes landfall.
Tenant insurance requirements also play a major role in hurricane preparedness for businesses. Your lease should require tenants to carry appropriate business insurance and provide proof of coverage. The lease should also confirm who is responsible for equipment, inventory, and interior fixtures. This is particularly important if your tenants include restaurants, medical offices, or other high-risk industries. If you have multiple tenants in the same building, consistency is key. Lease terms should not conflict with each other. If responsibilities differ from one tenant to another, your team must be aware and ready to manage each agreement appropriately after a storm.
Insurance and Risk Transfer
Insurance coverage should be reviewed at least annually, especially before hurricane season. Start with your commercial property insurance and confirm that it includes windstorm coverage. Then, verify whether flood coverage is included or if a separate policy is needed. Many commercial policies exclude flooding, which can be a critical oversight in Florida. You should also understand what your policy covers in terms of debris removal, temporary repairs, business interruption, and rental income loss. Some policies require detailed documentation of pre-storm conditions, so it’s important to take photos or videos of the property before hurricane season begins.
This preparation is not only for filing claims. It also strengthens your legal position if a dispute arises with tenants or insurers after a storm. Having organized, date-stamped documentation supports your ability to enforce lease terms, defend against false claims, and expedite repairs. Review your policy deductibles and coverage limits. Confirm that they match the current value of the property and the real costs of potential repairs. It is common for property values and construction costs to rise faster than policies are updated. Underinsuring the property, even unintentionally, can lead to difficult decisions when trying to recover.
Operational Planning That Aligns With the Law
Legal preparedness does not work in isolation. It must be paired with a practical plan for before, during, and after a storm. Your legal documents should support your operational strategy. That includes property access control, tenant communication, contractor coordination, and vendor authorization.
Create a written hurricane plan for your team and your tenants. This should explain who handles pre-storm preparation, how notices will be delivered, and what steps are required for re-entry after the storm. Include protocols for inspecting damage, managing unsafe areas, and initiating insurance claims.
Make sure your leases and management agreements authorize emergency decision-making. If a roof is leaking and the property manager cannot reach ownership for several days, are they empowered to approve repairs? If your tenants are waiting for updates, does your lease require you to provide written timelines? These are operational issues with legal consequences, and they must be addressed in your documents.
Vendor coordination is another overlooked piece of hurricane preparedness for businesses. Speak with your roofers, electricians, debris removal contractors, and restoration specialists before the season begins. Confirm they will prioritize your properties and that you are on their emergency call list. Share copies of your site plans and access instructions with them now. If you work with a property management company, meet with them before the first storm forms. Confirm who communicates with tenants, who handles access control, and who is responsible for inspections and documentation. Walk through different recovery scenarios so everyone knows their role.
Tenant Communications That Prevent Conflict
Tenants need clarity. They are looking to you for guidance before and after the storm. If your lease is silent on emergency communication, create a plan and distribute it now. A strong communication plan can protect your relationship with tenants and reduce the chance of post-storm misunderstandings.
Provide instructions for what tenants should do to protect their spaces, such as covering computers, unplugging equipment, and securing window areas. Tell them how to contact you, when to expect updates, and what the conditions for returning to the property will be. If you require written clearance before they re-enter, that should be in the lease and the communication plan.
If your building has a generator, explain how it works and who has access to it. If certain areas will remain closed until inspections are complete, clarify how that will be handled and who has final authority. Reinforce that tenants are responsible for insuring their business property. You cannot and should not be responsible for their equipment, files, or lost revenue. If your lease already states this, your communication should echo that language and include a reminder to review coverage before hurricane season begins.
How Kleiner Law Can Help Hurricane Preparedness for Businesses
At Kleiner Law, we help commercial property owners across Florida prepare for hurricane season through clear, proactive legal planning. Our goal is to reduce confusion and prevent avoidable legal issues before a storm creates stress and damage. We review leases, operating agreements, insurance requirements, and force majeure language to confirm that your property is protected and your responsibilities are clearly defined. We’ll help you clarify who covers repairs, how rent is handled after a shutdown, and what your tenants are obligated to do when a storm is approaching. We also coordinate with your property managers, insurance providers, and other professionals to align your legal language with your operational plan. A strong lease gives you structure and options during recovery—not just a list of problems. The next storm isn’t a question of if, but when. Let’s make sure you’re ready. Contact us today and Schedule your hurricane season legal review with Kleiner Law.
