Florida Statute 83.51 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 83
LANDLORD AND TENANT

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F.S. 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, 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.

History.—s. 2, ch. 73-330; s. 22, ch. 82-66; s. 4, ch. 87-195; s. 1, ch. 90-133; s. 3, ch. 93-255; s. 444, ch. 95-147; s. 8, ch. 97-95; s. 6, ch. 2013-136; s. 4, ch. 2025-16.

F.S. 83.51 on Google Scholar

F.S. 83.51 on CourtListener

Amendments to 83.51

Annotations, Discussions, Cases:

Cases Citing Statute 83.51

Total Results: 41

Paterson v. Deeb

472 So. 2d 1210, 10 Fla. L. Weekly 1417

District Court of Appeal of Florida | Filed: Jun 12, 1985 | Docket: 1793494

Cited 64 times | Published

plaintiff, a single woman living alone; that section 83.51, Florida Statutes (1981), in effect at the time

Menendez v. PALMS WEST CONDO. ASS'N., INC.

736 So. 2d 58

District Court of Appeal of Florida | Filed: Jun 2, 1999 | Docket: 1429504

Cited 34 times | Published

premises, and that Palms West had violated section 83.51(2)(a), Florida Statutes, by failing to maintain

Mansur v. Eubanks

401 So. 2d 1328

Supreme Court of Florida | Filed: Jul 30, 1981 | Docket: 1290046

Cited 30 times | Published

by Judge Ervin in his concurring opinion below. § 83.51(1), Fla. Stat. (1977); Mansur v. Eubanks, 368 So

Kingston Square Tenants Ass'n v. Tuskegee Gardens, Ltd.

792 F. Supp. 1566, 1992 U.S. Dist. LEXIS 7366, 1992 WL 152239

District Court, S.D. Florida | Filed: May 26, 1992 | Docket: 1496566

Cited 29 times | Published

affirmative duty of repair on the landlord. Fla.Stat. § 83.51 (1991). Contrary to the Defendants' position, damages

Bennett v. Mattison

382 So. 2d 873

District Court of Appeal of Florida | Filed: Apr 24, 1980 | Docket: 1255746

Cited 24 times | Published

of the tenants, appellees were required by Section 83.51(2)(a)3, F.S. (1977) to keep these areas safe

Haynes v. Lloyd

533 So. 2d 944, 1988 WL 123683

District Court of Appeal of Florida | Filed: Nov 23, 1988 | Docket: 1232696

Cited 17 times | Published

constitutes a dangerous condition. We also hold that section 83.51(2)(a)3., Florida Statutes, which states that

In Re Standard Jury Instructions in Civil Cases—Report No. 09-01

35 So. 3d 666, 35 Fla. L. Weekly Supp. 149, 2010 Fla. LEXIS 302

Supreme Court of Florida | Filed: Mar 4, 2010 | Docket: 1646266

Cited 14 times | Published

(violation of residential Landlord Tenant Act, F.S. 83.51 (1983)); Walt Disney World Co. v. Merritt, 404

Bennett M. Lifter, Inc. v. Varnado

480 So. 2d 1336, 63 A.L.R. 4th 871

District Court of Appeal of Florida | Filed: Nov 26, 1985 | Docket: 1220913

Cited 13 times | Published

statutory warranty of habitability, found in section 83.51, Florida Statutes (1983), which requires a landlord

Fieldhouse v. Tam Inv. Co.

959 So. 2d 1214, 2007 WL 1756121

District Court of Appeal of Florida | Filed: Jun 20, 2007 | Docket: 192346

Cited 9 times | Published

duties apply to a property's common areas. See § 83.51(2)(a)3., Fla. Stat. (2003) (stating that, in the

Storer Cable TV v. Summerwinds Apartments

493 So. 2d 417

Supreme Court of Florida | Filed: Mar 13, 1986 | Docket: 1247389

Cited 8 times | Published

See Ch. 83, Fla. Stat. (1983). For example, section 83.51 requires the landlord, unless otherwise provided

Mansur v. Eubanks

368 So. 2d 645

District Court of Appeal of Florida | Filed: Mar 20, 1979 | Docket: 1389259

Cited 8 times | Published

adopted the implied warranty of habitability, § 83.51(1), Fla. Stat. (1977), which places the duty to

Standard Jury Instructions-Civil Cases

778 So. 2d 264, 25 Fla. L. Weekly Supp. 518, 2000 Fla. LEXIS 1371, 2000 WL 889771

Supreme Court of Florida | Filed: Jul 6, 2000 | Docket: 1290340

Cited 7 times | Published

(violation of residential Landlord Tenant Act, § 83.51, Fla. Stat. (1983)); Walt Disney World Co. v. Merritt

Fitzgerald v. Cestari

569 So. 2d 1258, 1990 WL 177005

Supreme Court of Florida | Filed: Nov 8, 1990 | Docket: 1190895

Cited 7 times | Published

urges liability for failure to comply with section 83.51(1)(a), Florida Statutes (1983), which requires

Veterans Gas Co. v. Gibbs

538 So. 2d 1325, 1989 WL 12445

District Court of Appeal of Florida | Filed: Feb 15, 1989 | Docket: 1517176

Cited 7 times | Published

to the statutory warranty of habitability. See § 83.51(1), Fla. Stat. (1977). Case law and other authority

Daniel E. Mann, Elizabeth Cannon and Lillian Rauh v. Samuel R. Pierce, Jr. And U.S. Dept. Of Housing & Urban Development

803 F.2d 1552, 1986 U.S. App. LEXIS 33558

Court of Appeals for the Eleventh Circuit | Filed: Nov 13, 1986 | Docket: 972127

Cited 7 times | Published

law, Fla.Stat. *1556 § 83.51. 7 Section 83.51 codifies Florida landlord maintenance

Herrell v. SEYFARTH, SHAW

491 So. 2d 1173, 11 Fla. L. Weekly 1461

District Court of Appeal of Florida | Filed: Jul 2, 1986 | Docket: 1721995

Cited 7 times | Published

noncompliance with the obligations imposed upon him by section 83.51. See section 83.60(1). The nonresidential tenant's

Whelan v. Dacoma Enterprises, Inc.

394 So. 2d 506

District Court of Appeal of Florida | Filed: Feb 18, 1981 | Docket: 1315569

Cited 7 times | Published

Id., 35 Ill.Dec. at 533, 399 N.E.2d at 599 [see § 83.51, Fla. Stat. (1979) for comparison] and grounded

DiMassimo v. City of Clearwater

805 F.2d 1536, 1986 WL 1167018

Court of Appeals for the Eleventh Circuit | Filed: Dec 19, 1986 | Docket: 66221423

Cited 5 times | Published

resolve this theoretical argument. . Fla.Stat. § 83.51 (1983). . Fla.Stat. § 83.54 (1983). . The City

Firth v. Marhoefer

406 So. 2d 521

District Court of Appeal of Florida | Filed: Nov 4, 1981 | Docket: 449974

Cited 4 times | Published

purpose. We begin our analysis by considering Section 83.51(2)(a)3, Florida Statutes (1979), which imposes

Smith v. Grove Apartments, LLC

976 So. 2d 582, 2007 Fla. App. LEXIS 13014, 2007 WL 4924696

District Court of Appeal of Florida | Filed: Aug 22, 2007 | Docket: 1679908

Cited 3 times | Published

unless otherwise agreed to by the tenant.[8]See § 83.51(2)(a)3., Fla. Stat. (2007);[9]Mansur v. Eubanks

Grant v. Thornton

749 So. 2d 529, 1999 WL 1221458

District Court of Appeal of Florida | Filed: Dec 22, 1999 | Docket: 1401517

Cited 3 times | Published

in violation of said codes and regulations. Section 83.51, Florida Statutes (1997), provides: 83.51 Landlord's

City of St. Petersburg v. Competition Sails, Inc.

449 So. 2d 852, 1984 Fla. App. LEXIS 12370

District Court of Appeal of Florida | Filed: Mar 21, 1984 | Docket: 1325539

Cited 3 times | Published

lease residential premises are inapplicable. See § 83.51, Fla. Stat. (1981). The portions of the lease pertinent

In re Standard Jury Instructions in Civil Case—Report No. 12-01

130 So. 3d 596, 2013 WL 2349287

Supreme Court of Florida | Filed: May 30, 2013 | Docket: 60237846

Cited 1 times | Published

157 Fla. 141, 25 So.2d 205 (1946). See also F.S. 83.51 (1981), which may impose on the landlord greater

Hanrahan v. Hometown America, LLC

90 So. 3d 915, 2012 WL 2327814, 2012 Fla. App. LEXIS 9948

District Court of Appeal of Florida | Filed: Jun 20, 2012 | Docket: 60309697

Cited 1 times | Published

tenancy statute, as it pertains to common areas, section 83.51(2)(a)3., Florida Statutes, the mobile home park

Charlemagne v. Francis

700 So. 2d 157, 1997 WL 631974

District Court of Appeal of Florida | Filed: Oct 15, 1997 | Docket: 1719602

Cited 1 times | Published

court instructed the jury in accordance with section 83.51(4), Florida Statutes (1993), that the landlord

William Hefley and Aimee J. Hefley v. Christopher Holmquist

District Court of Appeal of Florida | Filed: Feb 6, 2025 | Docket: 69618869

Published

explicit responsibility for compliance with section 83.51, Florida Statutes, 10 as well as “maintenance

Perez v. Webb Realty Consultants, Inc., Belmont at Ryals Chase Condominium Association, Inc.

District Court of Appeal of Florida | Filed: Sep 25, 2024 | Docket: 69193184

Published

3 the tenant." Id.; see also § 83.51(1), Fla. Stat. (2021). At issue in this case is

ESTATE OF STHELLA FELICIANO, FELICIANO v. RIVERTREE LANDING APARTMENTS, LLC, FIRST COMMUNITIES MANAGEMENT, INC.

District Court of Appeal of Florida | Filed: May 10, 2024 | Docket: 68517945

Published

summary judgment as a matter of law because under section 83.51(2)(a)3, Florida Statutes (2020), it owed its

In re: Standard Jury Instructions in Civil Cases - Report No. 19-02

Supreme Court of Florida | Filed: Dec 5, 2019 | Docket: 68539975

Published

Peters, 25 So. 2d 205 (Fla. 1946). See also F.S. 83.51 (1981), which may impose on the landlord greater

Elizabeth Casasanta v. Sailshare 296 LLC, and Wilson Minger etc.

274 So. 3d 418

District Court of Appeal of Florida | Filed: Apr 16, 2019 | Docket: 14945127

Published

a landlord’s duty to protect a tenant under section 83.51, Florida Statutes, the Residential Landlord

In re Revisions to Simplified Forms Pursuant to Rule 10-2.1(a) of the Rules Regulating the Florida Bar

50 So. 3d 503, 35 Fla. L. Weekly Supp. 216, 2010 Fla. LEXIS 568, 2010 WL 1488111

Supreme Court of Florida | Filed: Apr 15, 2010 | Docket: 60297315

Published

Landlord shall be responsible for compliance with Section 83.51, Florida Statutes, and shall be responsible

Pisani v. Duffin

909 So. 2d 920, 2005 Fla. App. LEXIS 10483, 2005 WL 1560401

District Court of Appeal of Florida | Filed: Jul 6, 2005 | Docket: 64840210

Published

allowing the building inspector to testify that section 83.51 of the Broward County Building Code, requiring

Florida Bar re Revisions to Simplified Forms, Pursuant to Rule 10-2.1(a)

774 So. 2d 611, 25 Fla. L. Weekly Supp. 570, 2000 Fla. LEXIS 1458, 2000 WL 963832

Supreme Court of Florida | Filed: Jul 13, 2000 | Docket: 64802723

Published

Landlord shall be responsible for compliance with Section 83.51, Florida Statutes, and shall be responsible

Menendez v. Palms West Condominium Ass'n

736 So. 2d 58, 1999 Fla. App. LEXIS 7358, 1999 WL 345095

District Court of Appeal of Florida | Filed: Jun 2, 1999 | Docket: 64789048

Published

premises, and that Palms West had violated section 83.51 (2)(a), Florida Statutes, by failing to maintain

Florida Bar re Approval of Forms Pursuant to Rule 10-1.1(b)

591 So. 2d 594, 16 Fla. L. Weekly Supp. 765, 1991 Fla. LEXIS 2134, 1991 WL 258213

Supreme Court of Florida | Filed: Dec 5, 1991 | Docket: 64664291

Published

Landlord To Maintain Premises As Required By Florida Statute 83.51(1) Or Material Provisions Of The Rental

Ray v. Tampa Windridge Associates, Ltd.

596 So. 2d 676, 1991 Fla. App. LEXIS 12122, 1991 WL 256203

District Court of Appeal of Florida | Filed: Dec 4, 1991 | Docket: 64666524

Published

the statutory obligation of a landlord under section 83.51(2)(a), Florida Statutes (1985), to “make reasonable

Gilbert v. Jabour

527 So. 2d 951, 13 Fla. L. Weekly 1577, 1988 Fla. App. LEXIS 2823, 1988 WL 67781

District Court of Appeal of Florida | Filed: Jul 5, 1988 | Docket: 64635764

Published

Florida Residential Landlord and Tenant Act, section 83.51(l)(a), Florida Statutes (1983). Section 83.48

Forte Towers, Inc. v. Lederer

528 So. 2d 400, 13 Fla. L. Weekly 1118, 1988 Fla. App. LEXIS 1888, 1988 WL 44497

District Court of Appeal of Florida | Filed: May 10, 1988 | Docket: 64636010

Published

from its failure to maintain safe common areas, § 83.51(2)(a)3, Fla.Stat. (1985), and its failure to supervise

Lockamy v. Byrne

474 So. 2d 372, 10 Fla. L. Weekly 1960, 1985 Fla. App. LEXIS 15494

District Court of Appeal of Florida | Filed: Aug 13, 1985 | Docket: 64613705

Published

bar to an action for damages. Specifically, section 83.51(l)(b) requires the landlord at all times during

In re Standard Jury Instructions (Civil)

418 So. 2d 267, 1982 Fla. LEXIS 2495

Supreme Court of Florida | Filed: Jul 29, 1982 | Docket: 64591747

Published

Peters, 157 Fla. 141, 25 So.2d 205 (1946). See also § 83.51, Fla.Stat. (1981), which may impose on the landlord

Thompson v. Rock Springs Mobile Home Park

413 So. 2d 1213, 1982 Fla. App. LEXIS 19814

District Court of Appeal of Florida | Filed: Apr 14, 1982 | Docket: 1344443

Published

by Judge Ervin in his concurring opinion below. § 83.51(1), Fla. Stat. (1977); (Citation omitted). Id.