Florida Statutes
Fla. Stat. § 83.51 (2025)
Landlord’s obligation to maintain premises.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 57
cases (6 in the last 5 years), 1976–2025 · leading case: Paterson v. Deeb, 472 So. 2d 1210 (Fla. 1st DCA 1985).
Paterson v. Deeb, 472 So. 2d 1210 (Fla. 1st DCA 1985). “than the average for other reporting districts in Tallahassee; that defendants owed a common law and statutory duty to plaintiff to maintain the doors, locks, keys, and common areas of the apartment building in a reasonably safe condition, including minimal measures to secure…”
Smith v. Grove Apts., LLC, 976 So. 2d 582 (Fla. 3d DCA 2007). “), which includes section 83.51. In Bennett v. Mattison, 382 So.”
Menendez v. Palms West Condo. Ass'n., Inc., 736 So. 2d 58 (Fla. 1st DCA 1999). “For example, in Paterson , the tenant alleged that the landlord had failed to provide a working lock on the exterior bathroom to her apartment, in violation of section 83.51, Florida Statutes. The tenant was raped in the bathroom by an intruder who might not have been able to…”
Mansur v. Eubanks, 401 So. 2d 1328 (Fla. 1981). “§ 83.51(1), Fla. Stat. (1977); Mansur v. Eubanks, 368 So.”
Pugh v. Holmes, 405 A.2d 897 (Pa. 1979). “2d 185 (1970); Florida — Fla.Stat.Ann. §§ 83.51, 83.56 (1973); Georgia — Ga.”
Bennett v. Mattison, 382 So. 2d 873 (Fla. 1st DCA 1980). “Since both the hallway and patio were provided for the common use and benefit of the tenants, appellees were required by Section 83.51(2)(a)3, F.S. (1977) to keep these areas safe and clean.”
Haynes v. Lloyd, 533 So. 2d 944 (Fla. 5th DCA 1988). “We also hold that section 83.51(2)(a)3., Florida Statutes, which states that a landlord has a duty to keep common areas in safe condition, is not particularly relevant here because that statute merely restates the landlord's common law duty as it would exist in the absence of a…”
Bennett M. Lifter, Inc. v. Varnado, 480 So. 2d 1336 (Fla. 3d DCA 1985). “The duty, noted the court, corresponds to the statutory warranty of habitability, found in section 83.51, Florida Statutes (1983), which requires a landlord to provide hot running water.”
Kingston Square Tenants Ass'n v. Tuskegee Gardens, Ltd., 792 F. Supp. 1566 (S.D. Fla. 1992). “Fla.Stat. § 83.51 (1991). Contrary to the Defendants’ position, damages for violation of the warranty, are not limited just to cessation of the lease.”
Teller v. McCoy, 253 S.E.2d 114 (W. Va. 1978). “925 (1970); Florida: Fla. Stat. Ann. §§ 83.51 , 83.56 (1973); Georgia: Ga.”
Grant v. Thornton, 749 So. 2d 529 (Fla. 2d DCA 1999). “Section 83.51, Florida Statutes (1997), provides: 83.”
Fitzgerald v. Cestari, 569 So. 2d 1258 (Fla. 1990). “[2] Although Fitzgerald urges liability for failure to comply with section 83.51(1)(a), Florida Statutes (1983), which requires a landlord to maintain leased premises in compliance with the requirements of the applicable building code, this claim was not raised in the amended…”
— 83.51(1) — 14 cases
Mansur v. Eubanks, 401 So. 2d 1328 (Fla. 1981). “§ 83.51(1), Fla. Stat. (1977); Mansur v. Eubanks, 368 So.”
Florida Bar re Approval of Forms Pursuant to Rule 10-1.1(b), 591 So. 2d 594 (Fla. 1991).
Vets. Gas Co. v. Gibbs, 538 So. 2d 1325 (Fla. 1st DCA 1989).
Mansur v. Eubanks, 368 So. 2d 645 (Fla. 1st DCA 1979).
Daniel E. Mann, Elizabeth Cannon & Lillian Rauh v. Samuel R. Pierce, Jr. & U.S. Dept. Of Hous. & Urban Dev., 803 F.2d 1552 (11th Cir. 1986).
— 83.51(1)(a) — 1 case
Fitzgerald v. Cestari, 569 So. 2d 1258 (Fla. 1990). “[2] Although Fitzgerald urges liability for failure to comply with section 83.51(1)(a), Florida Statutes (1983), which requires a landlord to maintain leased premises in compliance with the requirements of the applicable building code, this claim was not raised in the amended…”
— 83.51(1)(b) — 2 cases
In re Stand. Jury Instructions (Civil), 418 So. 2d 267 (Fla. 1982).
— 83.51(2)(a) — 12 cases
Smith v. Grove Apts., LLC, 976 So. 2d 582 (Fla. 3d DCA 2007). “), which includes section 83.51. In Bennett v. Mattison, 382 So.”
Bennett v. Mattison, 382 So. 2d 873 (Fla. 1st DCA 1980). “Since both the hallway and patio were provided for the common use and benefit of the tenants, appellees were required by Section 83.51(2)(a)3, F.S. (1977) to keep these areas safe and clean.”
Haynes v. Lloyd, 533 So. 2d 944 (Fla. 5th DCA 1988). “We also hold that section 83.51(2)(a)3., Florida Statutes, which states that a landlord has a duty to keep common areas in safe condition, is not particularly relevant here because that statute merely restates the landlord's common law duty as it would exist in the absence of a…”
Menendez v. Palms West Condo. Ass'n., Inc., 736 So. 2d 58 (Fla. 1st DCA 1999). “For example, in Paterson , the tenant alleged that the landlord had failed to provide a working lock on the exterior bathroom to her apartment, in violation of section 83.51, Florida Statutes. The tenant was raped in the bathroom by an intruder who might not have been able to…”
Paterson v. Deeb, 472 So. 2d 1210 (Fla. 1st DCA 1985). “than the average for other reporting districts in Tallahassee; that defendants owed a common law and statutory duty to plaintiff to maintain the doors, locks, keys, and common areas of the apartment building in a reasonably safe condition, including minimal measures to secure…”
— 83.51(2)(b) — 1 case
Smith v. Rooy, 11 Fla. Supp. 2d 53 (Fla. Orange Cty. Ct. 1985).
— 83.51(4) — 1 case
Charlemagne v. Francis, 700 So. 2d 157 (Fla. 4th DCA 1997).
— 83.51(l)(a) — 2 cases
Gilbert v. Jabour, 527 So. 2d 951 (Fla. 3d DCA 1988).
Mason v. Williams, 28 Fla. Supp. 2d 9 (Fla. Polk Cty. Ct. 1987).
— 83.51(l)(b) — 2 cases
Lockamy v. Byrne, 474 So. 2d 372 (Fla. 5th DCA 1985).
Mason v. Williams, 28 Fla. Supp. 2d 9 (Fla. Polk Cty. Ct. 1987).
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