Florida Statute 83.51 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 83
LANDLORD AND TENANT

View Entire Chapter

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. When vacation of the premises is required for such extermination, the landlord is not liable for damages but shall abate the rent. The tenant must temporarily vacate the premises for a period of time not to exceed 4 days, on 7 days’ written notice, if necessary, for extermination pursuant to this subparagraph.

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.

F.S. 83.51 on Google Scholar

F.S. 83.51 on Casetext

Amendments to 83.51

Arrestable Offenses / Crimes under Fla. Stat. 83.51

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 83.51.

Annotations, Discussions, Cases:

Cases Citing Statute 83.51

Total Results: 20

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

Court: District Court of Appeal of Florida | Date Filed: 2024-09-25

Snippet: 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.

Court: District Court of Appeal of Florida | Date Filed: 2024-05-10

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

Ian H. Kaufman v. High Seas, LLC

Court: District Court of Appeal of Florida | Date Filed: 2024-03-27

Snippet: the ground of a material noncompliance with s. 83.51(1), or may raise any other defense, whether legal

ALINA NUNEZ v. AVIV AIR CONDITIONING, INC., etc.

Court: District Court of Appeal of Florida | Date Filed: 2021-04-28

Snippet: damages based on a breach of duty under s. 83.51. 7 remand

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

Court: Supreme Court of Florida | Date Filed: 2019-12-05

Snippet: 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.

Court: District Court of Appeal of Florida | Date Filed: 2019-04-16

Citation: 274 So. 3d 418

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

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

Court: Supreme Court of Florida | Date Filed: 2013-05-30

Citation: 130 So. 3d 596, 2013 WL 2349287

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

Plakhov v. Serova

Court: District Court of Appeal of Florida | Date Filed: 2012-10-24

Citation: 126 So. 3d 1221, 2012 WL 5232231, 2012 Fla. App. LEXIS 18503

Snippet: the failure of the landlord to comply “with s. 83.51(1) or material provisions of the rental agreement

Hanrahan v. Hometown America, LLC

Court: District Court of Appeal of Florida | Date Filed: 2012-06-20

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

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

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

Court: Supreme Court of Florida | Date Filed: 2010-04-15

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

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

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

Court: Supreme Court of Florida | Date Filed: 2010-03-04

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

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

Smith v. Grove Apartments, LLC

Court: District Court of Appeal of Florida | Date Filed: 2007-08-22

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

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

Fieldhouse v. Tam Inv. Co.

Court: District Court of Appeal of Florida | Date Filed: 2007-06-20

Citation: 959 So. 2d 1214, 2007 WL 1756121

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

Pisani v. Duffin

Court: District Court of Appeal of Florida | Date Filed: 2005-07-06

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

Snippet: the building inspector to testify that section 83.51 of the Broward County Building Code, requiring proper

Ago

Court: Florida Attorney General Reports | Date Filed: 2005-02-09

Snippet: Attorney General CC/tls 1 See Op. Att'y. Gen Fla. 83-51 (1983), citing 26 C.J.S. Dedication s. 60(b) (statutory

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

Court: Supreme Court of Florida | Date Filed: 2000-07-13

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

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

Standard Jury Instructions-Civil Cases

Court: Supreme Court of Florida | Date Filed: 2000-07-06

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

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

Grant v. Thornton

Court: District Court of Appeal of Florida | Date Filed: 1999-12-22

Citation: 749 So. 2d 529, 1999 WL 1221458

Snippet: codes and regulations. Section 83.51, Florida Statutes (1997), provides: 83.51 Landlord's obligation to maintain

Menendez v. Palms West Condominium Ass'n

Court: District Court of Appeal of Florida | Date Filed: 1999-06-02

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

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

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

Court: District Court of Appeal of Florida | Date Filed: 1999-06-02

Citation: 736 So. 2d 58

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