Fla. Stat. § 83.40 et seq. § 83.51
Landlord’s obligation to maintain premises.
Operative Text
(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, 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. The landlord, at commencement of the tenancy, must ensure that screens are installed in a reasonable condition. Thereafter, the landlord must repair damage to screens once annually, when necessary, until termination of the rental agreement. The landlord is not 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. If the tenant must vacate the premises for such extermination, the landlord is not liable for damages but must abate the rent. The landlord must provide 7 days’ written notice, in person, by mail, or by e-mail in accordance with s. 83.505, to the tenant if the tenant must temporarily vacate the premises for extermination pursuant to this subparagraph. A tenant is only required to vacate the premises for a period of time not to exceed 4 days. 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.
Florida Statute § 83.51 establishes baseline maintenance obligations that landlords must meet throughout a tenancy. At minimum, landlords must comply with applicable building, housing, and health codes, or—where no such codes exist—keep structural components and plumbing in good working order. For multi-family units beyond single-family homes and duplexes, the law adds further requirements such as pest extermination, functioning locks, clean common areas, garbage removal, and heat and hot water, though these additional duties can sometimes be modified by written agreement. Landlords are not responsible for conditions caused by the tenant's own negligent or wrongful actions.
Plain English — not legal advice.
Property owners and managers operating under Fla. Stat. § 83.51 generally ensure ongoing compliance with all applicable building, housing, and health codes as the primary standard for habitability. Operators of multi-family properties beyond single-family homes and duplexes typically maintain functioning locks, clean common areas, pest control programs, garbage receptacles, and heating and hot-water facilities throughout the tenancy. When extermination requires a tenant to vacate, compliant operators provide at least 7 days' written notice and abate rent for the displacement period, and at the start of a single-family or duplex tenancy they install working smoke detection devices as described in the statute.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Fla. Stat. § 83.51, tenants in Florida have a right to premises that meet applicable building, housing, and health codes, and tenants in multi-family units have additional protections covering pest control, locks, common-area cleanliness, garbage removal, and functioning heat and hot water. It is worth noting that the statute expressly states that a landlord's noncompliance with the multi-family provisions of subsection (2) cannot be raised as a defense in an eviction action under s. 83.59, so tenants facing habitability concerns may want to explore other enforcement paths. Tenants who believe their landlord is not meeting these obligations can document conditions, review local housing code complaint processes, or consult a tenant-rights organization familiar with Florida law for information about available remedies.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation