Florida legally requires landlords to meet certain “habitability” requirements for all rental properties. This means that they’re responsible for providing a property that meets specific health and safety standards and for fixing issues that violate them.
Florida Implied Warranty of Habitability
In Florida, the implied warranty of habitability means that a landlord must provide and maintain a safe and habitable rental property. “Implied” means the requirement applies whether or not the lease agreement specifically says so and even if the lease tries to waive the obligation.
Examples of clear habitability violations include:
- Exposed electrical wiring.
- A pipe leaking human waste.
- A broken front doorknob that won’t lock.
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However, the implied warranty of habitability does not guarantee that anything at the property will be pretty, clean, new or issue-free, so it doesn’t cover things like peeling carpet or dents in a wall. It only guarantees basic health and safety.
Landlord Responsibilities in Florida
Note: Check local city/county laws and ordinances for additional requirements. In addition, written agreement can waive almost all specific landlord responsibilities in Florida. Read lease terms carefully.
| Item | Has To Provide? | Has To Fix / Replace? |
| Air Conditioning / Heating | Only Heating | Only Heating |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | No |
| Washer & Dryer | No | No |
| Smoke/CO Detectors | Smoke Only | No |
| Window Coverings | Yes | Annually |
| Light Fixtures | No | Only If Provided |
| Landscaping | Not Addressed | Not Addressed |
| Garbage Removal | Yes | Yes |
| Garbage Pickup | No | Only If Provided |
| Mold | N/A | Yes |
| Pest Control | No | N/A |
| Pest Infestations | N/A | Yes |
| Water Leaks | N/A | Not Usually |
| Clogs | N/A | Not Usually |
Landlord Responsibilities for Heating & Air Conditioning in Florida
Florida landlords must provide heating during winter for rental properties. They don’t have to provide air conditioning.
Are Landlords Required to Provide Air Filter Replacements in Florida?
Florida landlords don’t have to replace things like air filters, unless heating equipment won’t work otherwise.
Landlord Responsibilities for Plumbing in Florida
Florida landlords must keep plumbing in reasonable working condition. However, the renter must repair plumbing fixtures.
Are Landlords Required To Provide Hot Water in Florida?
Florida landlords must provide and maintain running heated water for rental properties.
Are Landlords Responsible for Fixing Clogged Drains & Toilets in Florida?
Florida landlords only have to fix clogs that keep the plumbing from being in reasonable working condition. In particular, landlords are not responsible for clogs caused by plumbing fixtures in need of repair.
Are Landlords in Florida Responsible for Fixing Leaks?
Florida landlords only have to fix leaks that keep the plumbing from being in reasonable working condition. In particular, landlords are not responsible for leaky plumbing fixtures in need of repair.
Landlord Responsibilities for Kitchen Appliances in Florida
Florida landlords don’t have to provide or maintain kitchen appliances such as a dishwasher, stove, oven, microwave, or refrigerator.
Landlord Responsibilities for Electrical Issues in Florida
Florida landlords are responsible only for things within their control that might directly or indirectly cause an interruption of electric service.
Are Landlords Responsible for Replacing Light Bulbs in Florida?
Florida landlords are not responsible for replacing light bulbs or particular light fixtures.
Landlord Responsibilities for Garbage Removal in Florida
Florida landlords must provide and maintain outside garbage containers and garbage removal services.
Landlord Responsibilities for Landscaping in Florida
Florida landlords have no specific obligation to provide landscaping or maintain it with actions like cutting grass. They only have to deal with issues like fallen trees if they interfere with the cleanliness of common areas or create a hazard to health, safety, or habitability.
Landlord Responsibilities Regarding Mold in Florida
Florida landlords are responsible for most mold issues. While there’s no state requirement for testing, landlords must investigate and fix mold problems since they threaten health and safety. If the renter created the mold issue, a landlord can make the renter fix it, or pay for repairs.
Landlord Responsibilities Regarding Pests in Florida
Florida landlords are responsible for fixing pest issues the renter didn’t cause, including rats, roaches, mice, bed bugs, and ants. There’s no regular testing requirement, however. If the renter has to temporarily vacate for pest control, the landlord can’t charge rent for that period.
Landlord Responsibilities for Windows & Window Coverings in Florida
Florid landlords are responsible for providing window screens at the beginning of a tenancy, and repairing them annually. The landlord is also generally responsible for keeping windows in good repair, except damage caused by the tenant.
Landlord Responsibilities Regarding Safety Devices in Florida
Florida landlords are responsible for ensuring required smoke detectors are installed at the beginning of a single-family or duplex tenancy.
Are Landlords Responsible for Replacing Batteries of Safety Devices in Florida?
Florida landlords have no specific responsibility to replace safety device batteries in Florida, except as necessary to provide required smoke detectors at the beginning of a single-family or duplex tenancy.
Landlord Responsibilities for Doors & Locks in Florida
Florida landlords are responsible for reasonably secure locks and keys provided on the property. The landlord also has to maintain provided doors in good repair.
Landlord Responsibilities for Washers and Dryers in Florida
Florida landlords are not required to furnish their rental properties with a working washer and dryer.
Renter’s Rights for Repairs in Florida
Renters in Florida have the right to repairs for issues that affect health and safety, unless they caused the issue themselves. To exercise this right, the renter must start by requesting repairs from the landlord in writing. After receiving written notice, the landlord gets seven days to fix the issue.
If the issue isn’t fixed, the renter can end the rental agreement, or ask a court to order repairs or compensation. Ending the rental agreement after proper notice is the renter’s only option out of court. The renter isn’t allowed to repair and deduct, or withhold rent.
Sources
- 1 Fla. Stat. § 83.47(1)(a) (2022)
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“A provision in a rental agreement is void and unenforceable to the extent that it… [p]urports to waive or preclude the rights, remedies, or requirements set forth in this part.”
Source Link - 2 D.R. Horton, Inc. - Jacksonville v. Heron's Landing Condominium Association of Jacksonville, Inc., No. 1D17-1941, 12 (1st Fla. Dist. Ct. App. 2018)
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“Although the defects did not force the homeowners to abandon their homes, the testimony certainly supported the jury’s determination that the units did not meet the ordinary, normal standards that were reasonably to be expected of living quarters of comparable kind and quality. Thus, the trial court did not err[.]”
Source Link - 3 Fla. Stat. § 83.51(1)(b) - (2)(b) (2022)
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“The landlord’s obligations under this subsection may be altered or modified in writing with respect to a single-family home or duplex. … Unless otherwise agreed in writing, in addition to the requirements of subsection (1), the landlord of a dwelling unit other than a single-family home or duplex shall, at all times during the tenancy, make reasonable provisions for: [pests; locks/keys; common areas; garbage; heat/hot water] … Unless otherwise agreed in writing, at the commencement of the tenancy of a single-family home or duplex, the landlord shall install working smoke detection devices.”
Source Link - 4 Fla. Stat. § 83.51(2)(a) (2022)
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“Unless otherwise agreed in writing, in addition to the requirements of subsection (1), the landlord of a dwelling unit other than a single-family home or duplex shall, at all times during the tenancy, make reasonable provisions for: 1. The extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs. When vacation of the premises is required for such extermination, the landlord is not liable for damages but shall abate the rent. The tenant must temporarily vacate the premises for a period of time not to exceed 4 days, on 7 days’ written notice, if necessary, for extermination pursuant to this subparagraph. 2. Locks and keys. 3. The clean and safe condition of common areas. 4. Garbage removal and outside receptacles therefor. 5. Functioning facilities for heat during winter, running water, and hot water.”
Source Link - 5 Fla. Stat. § 83.51(1) (2022)
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“The landlord at all times during the tenancy shall: (a) Comply with the requirements of applicable building, housing, and health codes; or (b) Where there are no applicable building, housing, or health codes, maintain the roofs, windows, doors, floors, steps, porches, exterior walls, foundations, and all other structural components in good repair and capable of resisting normal forces and loads and the plumbing in reasonable working condition. The landlord, at commencement of the tenancy, must ensure that screens are installed in a reasonable condition. Thereafter, the landlord must repair damage to screens once annually, when necessary, until termination of the rental agreement. … The landlord’s obligations under this subsection may be altered or modified in writing with respect to a single-family home or duplex.”
Source Link - 6 Fla. Stat. § 83.52(1) - (6) (2022)
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“The tenant at all times during the tenancy shall: (1) Comply with all obligations imposed upon tenants by applicable provisions of building, housing, and health codes. (2) Keep that part of the premises which he or she occupies and uses clean and sanitary. (3) Remove from the tenant’s dwelling unit all garbage in a clean and sanitary manner. (4) Keep all plumbing fixtures in the dwelling unit or used by the tenant clean and sanitary and in repair. (5) Use and operate in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators. (6) Not destroy, deface, damage, impair, or remove any part of the premises or property therein belonging to the landlord nor permit any person to do so.”
Source Link - 7 Fla. Stat. § 83.67(1) (2022)
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“A landlord of any dwelling unit governed by this part shall not cause, directly or indirectly, the termination or interruption of any utility service furnished the tenant, including, but not limited to, water, heat, light, electricity, gas, elevator, garbage collection, or refrigeration, whether or not the utility service is under the control of, or payment is made by, the landlord.”
Source Link - 8 Fla. Stat. § 83.51(2)(e) (2022)
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“Nothing contained in this subsection prohibits the landlord from providing in the rental agreement that the tenant is obligated to pay costs or charges for garbage removal, water, fuel, or utilities.”
Source Link - 9 Fla. Stat. § 83.51(4) (2022)
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“The landlord is not responsible to the tenant under this section for conditions created or caused by the negligent or wrongful act or omission of the tenant, a member of the tenant’s family, or other person on the premises with the tenant’s consent.”
Source Link - 10 Fla. Stat. § 83.51(2)(b) (2022)
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“Unless otherwise agreed in writing, at the commencement of the tenancy of a single-family home or duplex, the landlord shall install working smoke detection devices. As used in this paragraph, the term “smoke detection device” means an electrical or battery-operated device which detects visible or invisible particles of combustion and which is listed by Underwriters Laboratories, Inc., Factory Mutual Laboratories, Inc., or any other nationally recognized testing laboratory using nationally accepted testing standards.”
Source Link - 11 Fla. Stat. § 83.56(1) (2022)
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“If the landlord materially fails to comply with s. 83.51(1) or material provisions of the rental agreement within 7 days after delivery of written notice by the tenant specifying the noncompliance and indicating the intention of the tenant to terminate the rental agreement by reason thereof, the tenant may terminate the rental agreement. If the failure to comply with s. 83.51(1) or material provisions of the rental agreement is due to causes beyond the control of the landlord and the landlord has made and continues to make every reasonable effort to correct the failure to comply, the rental agreement may be terminated or altered by the parties.”
Source Link - 12 Fla. Stat. § 83.48 (2022)
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“In any civil action brought to enforce the provisions of the rental agreement or this part, the party in whose favor a judgment or decree has been rendered may recover reasonable attorney fees and court costs from the nonprevailing party. The right to attorney fees in this section may not be waived in a lease agreement. However, attorney fees may not be awarded under this section in a claim for personal injury damages based on a breach of duty under s. 83.51.”
Source Link - 13 Fla. Stat. § 83.55 (2022)
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“If either the landlord or the tenant fails to comply with the requirements of the rental agreement or this part, the aggrieved party may recover the damages caused by the noncompliance.”
Source Link - 14 Fla. Stat. § 83.54 (2022)
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“Any right or duty declared in this part is enforceable by civil action. A right or duty enforced by civil action under this section does not preclude prosecution for a criminal offense related to the lease or leased property.”
Source Link - 15 Floyd v. City of Sanibel, No. 2:15-cv-00795-SPC-CM, 15 (M.D. Fla. 2017)
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“Plaintiffs aver that CHR, as the City’s agent, threatened to evict the Floyds in retaliation… The City does not assert that the Floyds acted in bad faith. Therefore, the Court finds that the Plaintiffs stated a viable claim for retaliation pursuant to § 83.64(1).” (In other words, good faith is presumed unless contended as a factual issue.) Floyd v. City of Sanibel, No. 2:15-cv-00795-SPC-CM, 15 (M.D. Fla. 2017). See also Perkins v. Nat’l Credit Sys., Inc., No. 8:18-cv-806-T-26CPT, 5 (M.D. Fla. Aug. 16, 2018) (“Threatening eviction in retaliation for complaints, absent bad faith on the part of the tenants, states a viable claim.”)
Source Link
