Florida Landlord Maintenance and Repair Obligations

Under Florida Statutes section 83.51, every residential landlord must comply with the building, housing, and health codes that apply to the rental. Where no such codes apply, you must keep the roof, windows, doors, floors, steps, porches, walls, foundation, and other structural parts in good repair and the plumbing in working condition. If you do not fix a material problem within 7 days after the tenant delivers written notice, the tenant can end the lease or withhold rent, and a tenant who withholds must pay the rent into the court registry if you file for eviction.

What must you maintain, and does it depend on the type of rental?

Yes. Section 83.51 sets a baseline for every rental and adds duties for apartments and other units that are not single-family homes or duplexes.

A few details change how these duties play out:

• Screens. Where no codes apply, you must install screens in reasonable condition at move-in and repair screen damage once a year, when needed.
• Pest treatment that requires the tenant to leave. Give 7 days' written notice in person or by mail. Use email only if you and the tenant have signed a lease addendum agreeing to electronic notices and each designated a valid email address under section 83.505. The tenant does not have to stay out more than 4 days, and you must reduce the rent for that time, though you are not liable for other damages.
• Utilities. The lease can make the tenant pay for garbage removal, water, fuel, or utilities.
• Tenant-caused damage. You are not responsible for conditions caused by the negligent or wrongful act of the tenant, their family, or guests.
• Tenant-owned mobile homes. You do not have to maintain a mobile home or other structure the tenant owns.

Apart from the duties the statute lets you change in writing, a lease clause that waives the tenant's rights under Florida's landlord-tenant law is void. Our guide to Florida lease agreement requirements covers how to word maintenance clauses that hold up.

Do Florida landlords have to provide air conditioning?

State law does not require it. Section 83.51 names heat during winter but not air conditioning or cooling. Two things can still make an air conditioner your responsibility. First, the statute adopts whatever local housing code applies, so check your city or county code for a cooling standard. Second, if the lease promises a working air conditioner, a failure to repair it can be a breach of a material lease provision, which lets the tenant end the lease after the 7-day notice described below.

Mold works the same way. Section 83.51 does not mention mold, so whether a mold problem breaches your duty depends on the local housing or health code and the cause. Our article on what to do if your rental has mold covers investigation and cleanup.

What happens after a tenant's 7-day written notice?

The tenant's notice must be in writing and specify the problem. What it says about the tenant's plan decides which remedy is in play.

Ending the lease. If the notice states that the tenant intends to terminate and you have not fixed a material failure to comply with the code-level duty in section 83.51(1), or with a material lease provision, within 7 days after delivery, the tenant may end the lease. If the problem is beyond your control and you keep making every reasonable effort to fix it, the outcome depends on the unit's condition:

• If the unit is untenantable (not fit to live in) and the tenant moves out, the tenant owes no rent while it stays that way.
• If the unit is still livable and the tenant stays, rent is reduced in proportion to the lost rental value while the problem continues.

Withholding rent. If the notice states that the tenant will not pay rent because of the problem, the tenant may withhold rent once 7 days have passed since delivery. A material failure to meet section 83.51(1) is then a complete defense to an eviction for nonpayment, and the court decides how much, if any, of the rent is owed based on the unit's reduced value. The tenant can deliver this notice to you, your designated agent, a resident manager, or whoever collects the rent.

Only the code-level duty supports the withholding defense. Failing to provide the extra items for multi-unit rentals, such as extermination, locks, or garbage removal, is not by itself a defense to an eviction. When the same condition also violates a housing or health code, though, it falls under section 83.51(1) and the defense applies.

If a tenant pays rent knowing about a problem, the tenant gives up the right to end the lease or sue over that specific instance. The waiver does not cover a problem that continues or recurs.

Does a tenant who withholds rent have to pay into the court registry?

Yes, once you file. In an eviction for possession, a tenant who raises any defense other than payment, including a repair defense, must deposit into the court registry the rent alleged in your complaint (or the amount the court sets) and keep depositing rent as it comes due while the case is pending. The summons tells the tenant this.

The tenant has 5 days after being served, not counting Saturdays, Sundays, and legal holidays, to deposit the rent or file a motion asking the court to determine the amount, with documentation supporting the claim that your figure is wrong. For example, a tenant served on a Monday in a week with no holidays has until the following Monday. If the tenant does neither, the tenant waives every defense other than payment and you are entitled to an immediate default judgment for possession. Tenants in public housing or with rent subsidies deposit only their share of the rent. The steps from notice to judgment are covered in the Florida eviction process for landlords.

What are the rules after a hurricane or other storm damage?

Section 83.63 applies when a storm, fire, or other casualty damages the rental, the tenant did not cause it through a wrongful or negligent act, and the tenant's use of the unit is substantially impaired. The tenant can then:

1. End the lease and move out right away, in which case you handle the security deposit under the normal return rules; or
2. Move out of only the unusable part, in which case rent drops by the fair rental value of the damaged part.

Either way, you must give the tenant a chance to collect belongings once it is safe, or tell the tenant the date by which they can do so, which must be within a reasonable time. For ordinary storm repairs, section 83.53(2) requires at least 24 hours' notice and entry between 7:30 a.m. and 8:00 p.m.; you may enter at any time to protect or preserve the premises.

Does Florida protect tenants who report repair problems?

Not to retaliate. Florida makes it unlawful to discriminatorily raise rent, cut services, or file or threaten an eviction primarily because a tenant in good faith complained to a code enforcement agency or gave you a 7-day repair notice. A tenant can raise retaliation as a defense in an eviction. The defense fails if you prove good cause, such as a good-faith eviction for nonpayment or a lease violation.

Attorney's fees can also shift to you. In a lawsuit to enforce the lease or the landlord-tenant law, the winning side can recover reasonable attorney's fees and court costs, and a lease cannot waive that right. The fee rule does not apply to personal injury claims based on a breach of section 83.51.

When conditions push a tenant to leave, our article on whether a tenant can move out due to bad conditions covers the general rules. For the baseline repair duties that apply in every state, see how much maintenance and repair is required by law.