Warranty of Habitability in Florida

Last Updated: March 10, 2023 by Elizabeth Souza

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
  • Withhold Rent: Usually Not
  • Repair & Deduct: Usually Not

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

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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.

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