In Florida, a landlord’s obligation for providing a habitable living space is primarily governed by Fl. Stat. § 83.51. This legal requirement, commonly known as the “implied warranty of habitability”, also outlines the rights of tenants when repairs are not made in a timely manner.
| Quick Facts | Answer |
| Landlord Responsibilities | Windows/Doors, Roof/Walls, Hot/Cold Water, HVAC, Plumbing, Electrical, Sanitation Facilities, Plumbing, Electrical. |
| Time Limit for Repairs | 7 Days |
| Tenant Recourse Options |
|
Applicable Dwelling Types in Florida
The implied warranty of habitability in Florida does not apply to all types of dwellings. See the table below for which are and aren’t included.
| Dwelling Type | Landlord/Tenant Laws Apply? |
| Single family | Yes |
| Multi-family | Yes |
| Fraternities/Sororities/Clubs | No |
| RV parks | Not specifically addressed |
| Mobile home parks | Yes, if renter is occupying unit |
| Condos | Yes, if renter is occupying unit |
| Hotels/Motels | No |
Additionally, rental agreements are not allowed to include any provisions that waive the tenant’s right to live in a habitable residence.
Landlord Responsibilities in Florida
The following chart lists possible landlord responsibilities when it comes to habitability. Not all of them are requirements in Florida, as indicated below.
Note: Some of the below items may not be addressed at the state level but may be addressed on a county or city level. Check your local housing codes to see which additional requirements may apply.
| Habitability Issue | Landlord Responsibility? |
| Provide windows and doors that are in good repair. | Yes |
| Ensure the roof, walls, etc., are completely waterproofed and there are no leaks. | Must be maintained in good repair |
| Provide hot and cold running water. | Yes |
| Provide working HVAC equipment. | Yes |
| Provide working plumbing and electrical wiring/outlets/ lighting. | Yes |
| Provide working gas lines if used for utilities/cooking | Not specifically addressed |
| Provide working sanitation facilities (bathtub/shower, toilet). | Yes |
| Provide a trash can (for trash pickup services). | Only for multi-family units |
| Ensure that any stairs and railings are safe. | Not specifically addressed |
| Ensure that all floors are in good condition and safe. | Must be maintained in good repair |
| Provide fire exits that are usable, safe, and clean. | Not specifically addressed |
| Ensure storage areas, including garages and basements, do not house combustible materials. | Not specifically addressed |
| Provide working smoke detectors | Only for single family units and duplexes |
| Provide a mailbox. | No |
| Provide working wiring for one telephone jack. | Not specifically addressed |
| Provide working kitchen appliances. | No |
| Provide working carbon monoxide detector. | Not specifically addressed |
| Provide a working washer/dryer. | No |
Windows and Doors
Doors or windows cannot be removed by the landlord, unless it is necessary to repair the door and window. In addition, the landlord must provide window and door screens that are in good shape and repair any issues with the screens once a year.
Smoke Detectors
While Florida’s landlord/tenant laws only require smoke detectors in single family dwellings and duplexes, there may be building or housing codes that require this for multi-family units. Remember, landlords are required to provide rental units that comply with all applicable housing and building codes.
Sprinkler Systems
Not all states require existing apartment complexes, townhomes, and condos to have sprinkler systems. Many states do not require new construction to have sprinkler systems, either. However, Florida has enacted laws requiring “retroactive” installations for apartment buildings and high rises.
Pest Control
If any of the following pests are discovered in a rental unit after it has been rented out, the landlord must treat the unit and pro-rate rent for any time the tenant had to be out of the unit for the extermination of:
- Rats, mice
- Roaches
- Ants
- Any pest that would destroy wood (termites, etc.)
- Bedbugs
The tenant must vacate the dwelling unit for extermination, but the period should not be more than four days. However, this requirement does not apply to single family units or duplexes.
Landlords and tenants in single family dwellings can alter the rental agreement as it relates to some of the above, but no matter what alterations are made, the final rental agreement must comply with all housing and building codes and does not change the landlord’s responsibility to provide a livable unit for their tenants.
Repairs, Recourse & Retaliation in Florida
If a rental property is in violation of the implied warranty of habitability in Florida, state laws outline how the repair process works, what tenants can do if repairs aren’t made, and how tenants are protected against retaliating landlords.
Requesting Repairs in Florida
Florida renters must request repairs by notifying the landlord in writing about the issue that needs fixing. To reserve relevant legal options, the tenant must also state actions they might take if the landlord does not make timely repairs, such as canceling the lease altogether.
An example of language a tenant might use to state these intentions is: “If the issue isn’t fixed, the renter may exercise his right to cancel the rental agreement seven or more days from today.”
Renter’s Rights if Repairs Aren’t Made in Florida
Florida landlords typically have seven days after proper written notice to fix an issue. Otherwise, the renter can end the rental agreement, or ask a court to order repairs or compensation. The renter isn’t allowed to repair and deduct, or withhold rent. Read More
Landlord Retaliation in Florida
It’s illegal for Florida landlords to retaliate with raised rent, reduced services, or a threatened eviction or lawsuit against tenants who have taken any of the following protected actions in good faith:
- Complaining to the landlord or government about maintenance.
- Participating in a tenant organization.
- Pursuing rights or remedies given by the law or lease.
- Taking similar actions.
Florida tenants can respond to retaliation by suing for quiet enjoyment of the property. The tenant might end the rental agreement, and regardless, can recover court costs and attorney fees, plus expenses associated with the retaliation.
