What are a Landlord’s Maintenance Obligations?

The Florida Landlord Tenant Act requires that the Landlord shall comply with all building, housing, or health codes.

The Landlord must maintain the roof, windows, doors, screens, floors, steps, porches, exterior walls, foundations, and plumbing.

Does the Landlord need to maintain a mobile home?

The mobile home is owned by the tenant there is no requirement by the landlord to maintain the mobile home.

Can the landlord change the statutory obligations?

The landlord obligation can be modified in writing if a single-family home or duplex regarding the following additional requirements:

-            Extermination of rats, mice, roaches, wood-destroying organisms and bedbugs.

-            Locks & keys

-            Clean and safe condition of common areas

-            Garbage removal and outside receptacle

-            Functional heat during winter, running water, and hot water

-            Working smoke detector

What happens if there is damage?

The landlord is not liable for damage but must abate the rent.   If the tenant must vacate the unit temporarily for a period which does not exceed 4 days the landlord must provide the tenant with at lease 7 days written notice of the need to temporarily vacate for repairs.

Can the landlord charge the tenant for costs?

The landlord may provide in the lease agreement that the tenant will be responsible for costs or charges for garbage removal, water, fuel, or utilities.

What happens if the tenant is negligent in the care of the property?

The landlord is not responsible to the tenant for conditions created or caused by the negligent or wrongful act or omission of the tenant, member of the tenant’s family, or any other person on the premises with the tenant’s consent.

What are the tenant’s obligations to maintain the premises?

1.     Comply with all applicable building, housing, and health codes.

2.     Keep the premises clean and sanitary

3.     Remove from the dwelling unit all garbage in a clean and sanitary manner.

4.     Keep all plumbing fixtures in the dwelling in a clean and sanitary manner.

5.     Use and operate in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning, appliances, and elevators.

6.     Not destroy, deface, damage, impair, or remove any part of the premises or property belonging to the landlord or permit anyone to do so.

7.     Conduct him or herself, and require other persons on the premises with his or her consent to conduct themselves in a manner that does not unreasonably disturb the tenant’s neighbors or constitute a breach of the peace.