Florida Statute 83.51 Landlord’s obligation to maintain premises

The landlord’s obligations are to make sure that the living conditions are good for the tenant providing the tenant live a clean life, not destroying the property, leaving thrash around, cleaning up after their pets and etc.  Here is the law that states thaat the Division of Hotels and Restaurants of the Department of Business and Professional Regulation are to have the apartment building inspected every year and they are not.  The Division of Hotels and Restaurants of the Department of Business and Professional Regulation is also required by law to report code violations to the proper authorities like Code Enforcement, but if the inspections are not done how are they going to report violations?

Read the Florida Statute on the Landlord’s Obligation.  This is another law that the State of Florida wants you to pay to have this law enforced instead of having the agencies or law enforcement enforce the building and health codes.

Florida Statute 83.51

83.51  Landlord’s obligation to maintain premises.

(1)  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, screens, 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. However, the landlord shall not be required to maintain a mobile home or other structure owned by the tenant.

The landlord’s obligations under this subsection may be altered or modified in writing with respect to a single-family home or duplex.

(2)(a)  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 shall not be liable for damages but shall abate the rent. The tenant shall be required to 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.

(b)  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.

(c)  Nothing in this part authorizes the tenant to raise a noncompliance by the landlord with this subsection as a defense to an action for possession under s. 83.59.

(d)  This subsection shall not apply to a mobile home owned by a tenant.

(e)  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.

(3)  If the duty imposed by subsection (1) is the same or greater than any duty imposed by subsection (2), the landlord’s duty is determined by subsection (1).

(4)  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.

3 Responses “Florida Statute 83.51 Landlord’s obligation to maintain premises” →

  1. kimtraila williams

    February 16, 2009

    I was wondering if I can put this Florida Statute 83.51 Landlord’s obligation to maintain premises in my contracts as a landlord? Please respond ASAP.

  2. You can put anything in a contract but if what you put in a contract is illegal, either the whole contract will be discarded in court or just that part of the contact. Remember that Florida Statute 83.51 Section (2)(a) does not apply to single-family home or duplex. This section also does not apply to Mobile Homes either.

    Florida Statute 83.51 Section (2)(a) 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:,

    The best thing to do is try to get as much information in writing when putting a contract together. Put what is expected from each other so you can cut down the chance of becoming enemies when something goes wrong. Also it is always better to talk to an attorney about any contracts first. They are the people that deal with this type of situation when things go wrong in the courtroom where it counts.

    Sorry if I took so long to give a you a reply but I have been down sick with the flew.
    Anyway good luck with your contract and new tenants.
    Rnorman

  3. Our landloard took over 2 months to fix our a/c, there are still bugs since the day i moved in and now they want me to fix the blinds that never workd properly from the day i moved in. in addition, with no a/c in the appartment i had to constantly open and close the blinds for mildly cool air. I sweat almost every night until this a/c was fixed. I want out of my lease and my deposite back with no penalties. what can i do? thanks.
    M.York

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Follow

Get every new post delivered to your Inbox.

%d bloggers like this: