After a house fire in Florida, start with three things: report the fire to your insurance company right away, document the damage before anything is cleaned up, and call your mortgage company. Then you can decide between repairing and listing or selling the house as-is for cash.
Either way, you will deal with the insurer, the lender and the building department. Here is what the rules say.
What should you do first after a house fire?
Safety comes first. The U.S. Fire Administration says not to enter a damaged home unless the fire department says it is safe. Its checklist also says to contact your insurance company right away, report the fire to your mortgage company, save every receipt for money you spend because of the fire, and board up windows and doors if needed so no one can get in (U.S. Fire Administration, After the Fire).
The Florida Department of Financial Services gives similar advice for any homeowners claim. Take photos or video of damaged items. Make and document emergency repairs that stop more damage. Keep all receipts, and photograph the damage before and after any repairs (Florida DFS, What to Expect After Filing a Homeowners Claim).
How long do you have to file a fire insurance claim in Florida?
Do not wait. Under Florida law, a new or reopened property insurance claim is barred unless you give notice under the policy terms within 1 year after the date of loss. A supplemental claim, which asks for more money on a claim you already filed, must be noticed within 18 months after the date of loss (Fla. Stat. § 627.70132). Your policy may set shorter timelines for other duties, so read it.
The insurer has deadlines too. It must review and acknowledge your communications within 7 calendar days, finish any physical inspection within 30 days after it receives your proof-of-loss statements, and pay or deny the claim, or part of it, within 60 days after it receives notice, unless factors beyond its control prevent it (Fla. Stat. § 627.70131).
If you and the insurer disagree, the Florida Department of Financial Services offers residential property mediation at no cost to you. Its consumer line is 1-877-693-5236.
How are replacement-cost payments made?
If your policy pays replacement cost on the dwelling, Florida law says the insurer must first pay at least the actual cash value of the loss, minus the deductible. It then pays the rest needed for repairs as the work is performed and the expenses are incurred. If the dwelling is a total loss, the insurer must pay replacement cost without holding back depreciation (Fla. Stat. § 627.7011). If you are thinking about selling before repairs, ask your adjuster in writing how a sale would affect any amount still owed.
Why is the insurance check made out to your mortgage company too?
If you have a mortgage, expect the claim check to list both you and your mortgage servicer. The Consumer Financial Protection Bureau explains that most mortgage agreements require this, and that the servicer typically releases part of the money before repair work begins (CFPB). Call your servicer early and ask what it needs to release funds.
This matters when you sell. The mortgage still has to be paid off at closing, whether or not the insurance money has come in.
Can the city or county condemn a fire-damaged house?
Yes. A fire can lead the local building official to declare a house an unsafe structure. Miami-Dade County lists fire as one cause of unsafe structures. If repairs are not made, the County may pursue demolition orders, civil fines or liens, and owners can appeal to the Unsafe Structures Appeal Panel (Miami-Dade County, Unsafe Structures).
Rules differ by city. The City of Miami, for example, posts the notice on the building. Owners must respond by the deadline, get a permit and pass inspections if the house can be repaired, or get a total demolition permit if it cannot. The city requires the building to be boarded to stop illegal entry, with windows and doors covered by at least 1/2-inch plywood. Lien charges must be paid in full before the case is closed (City of Miami, Respond to an Unsafe Structure Violation).
Never ignore a notice. Fines and liens can grow, and they usually have to be cleared before a sale can close. Our guides to code liens in Broward County and Miami-Dade consent agreements and lien reductions explain how those liens work.
Do you need a permit to repair fire damage?
Almost always. Fire repairs often touch the structure, wiring and air conditioning, and that work needs permits and inspections. Some Florida building departments ask for more than a standard permit. Martin County’s fire damage checklist, for example, requires a fire damage report from a licensed architect or engineer to identify structural damage and confirm the house can be rebuilt. It also asks for electrical load calculations and an HVAC sizing form (Martin County, Fire Damage Repair Checklist).
Check your own city or county building department before work starts. Repairs done without permits can create open-permit or code problems that show up when you try to sell.
What do you have to disclose when you sell a fire-damaged house?
In Johnson v. Davis, 480 So. 2d 625 (Fla. 1985), the Florida Supreme Court held that when a home seller knows of facts that materially affect the property’s value, are not readily observable and are not known to the buyer, the seller must disclose them (Johnson v. Davis).
Fresh fire damage is usually easy to see. The harder questions come after a partial cleanup or repair: hidden structural or smoke damage, repairs done without permits, an open unsafe-structure case, or an open insurance claim. If you know about it, tell the buyer in writing. When in doubt, disclose.
Should you repair and list, or sell as-is for cash?
Repairing and listing with an agent can bring a higher price, but only after the permits, inspections and contractor work are done. You keep paying the mortgage, taxes and insurance while the house sits empty. Until the work is done, buyers who need a loan may have trouble financing a house with major fire damage.
Selling as-is for cash makes sense when the repair estimate is large, the insurance money will not cover it, a demolition or unsafe-structure deadline is coming, or you simply cannot manage a rebuild. You give up some price in exchange for speed and certainty.
A simple test: compare the likely after-repair price, minus repairs, holding costs and selling costs, with a cash offer. Before you sign with anyone, read what to ask a cash buyer.
How All About Real Estate can help
All About Real Estate LLC buys houses directly for cash as a principal in all 67 Florida counties, and has since 2014, with more than 1,500 properties bought. We buy fire-damaged houses as-is: no repairs and no cleanout. We also buy with tenants or occupants still in place. We usually make a written offer within 24 hours and can close in as little as 7 days. We buy as a cash investor and not as a real estate brokerage, so there are no commissions, and we pay the standard title and closing fees.
Have an open insurance claim? It depends on what the claim is for, but typically we can close with one open as long as it doesn’t impact title. See how we buy houses, or learn more about selling in Broward County, Miami-Dade County and all of Florida.
Click here to get your no-obligation cash offer, or call / text us at (786) 753-8500. We also answer on WhatsApp, 24/7. Our office is at 5347 SW 25th St, Hollywood, FL 33023. Se habla español.
Frequently asked questions
Can I sell a fire-damaged house in Florida without repairing it?
Yes. You can sell as-is to a cash buyer or an investor. You still must disclose known problems that materially affect value and that a buyer cannot easily see, and any mortgage, liens or code fines must be handled at closing.
How long do I have to file a fire insurance claim in Florida?
Florida law bars a new or reopened property claim unless notice is given within 1 year after the date of loss. A supplemental claim must be noticed within 18 months. Report the fire to your insurer as soon as you can.
Why does my insurance check have my mortgage company’s name on it?
Most mortgage agreements require the lender or servicer to be named on property claim checks. The servicer typically releases part of the money before repairs begin. Call your servicer to learn what it needs.
Can I sell a house that has an unsafe structure notice?
Often, yes. Read the notice, meet its deadline and tell the buyer about the open case in writing. Any fines or liens from the case typically have to be paid or settled before or at closing.
Can I sell while my fire insurance claim is still open?
Usually. With All About Real Estate, it depends on what the claim is for, but typically we can close with an open claim as long as it doesn’t impact title. Ask your insurer and an attorney how a sale affects any payments still owed.
This article is general information, not legal or tax advice. Talk to a Florida attorney or CPA about your situation.
Written by Petru Pusta, owner of All About Real Estate LLC and a licensed Florida real estate broker (BK3293808) with Kariza Capital Realty LLC.
Sources
- Fla. Stat. § 627.70132 (2026), property insurance claim notice deadlines
- Fla. Stat. § 627.70131 (2026), insurer deadlines to acknowledge, inspect and pay or deny claims
- Fla. Stat. § 627.7011 (2026), replacement cost payments on homeowners’ policies
- Florida Department of Financial Services, What to Expect After Filing a Homeowners Claim (June 2025)
- U.S. Fire Administration (FEMA), After the Fire (FA-46)
- Consumer Financial Protection Bureau, Protecting and rebuilding your finances after a disaster
- Miami-Dade County, Unsafe Structures
- City of Miami, Respond to an Unsafe Structure Violation
- Martin County Building Department, Fire Damage Repair Checklist
- Johnson v. Davis, 480 So. 2d 625 (Fla. 1985)
