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Landlord & Tenant Law in Florida

Residential Leases – Who is Responsible for Maintenance

Florida Residential LeasesMaintenance of the Rental

1. Who is Responsible. You and your landlord share many of the responsibilities. Your landlord must provide a healthy, properly maintained place for you to live. You are required to keep the premises in good condition and to occupy them as a peaceful neighbor.

2. There are certain responsibilities that apply to each party as outlined by law.

The Landlord. The landlord’s responsibilities will depend on the type of rental unit. The landlord of a dwelling unit at all times during the tenancy shall:

Comply with the requirements of applicable building, housing and health codes; or
Where there are no applicable building, housing or health codes; maintain the roof, windows, screens, floors, steps, porches, exterior walls, foundations and all other structural components in good repair and capable of resisting normal forces and loads;
Keep the plumbing in reasonably good working condition.
The landlord’s obligations may be altered or modified in writing with respect to a single family dwelling or duplex.

In addition to providing the above requirements, the landlord of a dwelling unit other than a single-family home or duplex shall, at all times of the tenancy, make reasonable provisions for:

Extermination of rats, mice, ants and wood destroying organisms and bed bugs.
Locks and keys.
Clean and safe conditions of common areas.
Garbage removal and outside receptacles.
Functioning facilities for heat during winter, running water and hot water.

If the dwelling is a single-family home or duplex, a working smoke detection device.

3. This does not mean that the landlord is obligated to pay for utilities, water, fuel or garbage removal, although he/she may choose to. Other provisions relevant to a rental agreement may also be altered in writing.

4. The Tenant at all times during the tenancy shall:

Comply with all building, housing and health codes.
Keep the dwelling clean and sanitary.
Remove garbage from the dwelling in a clean and sanitary manner.
Keep plumbing fixtures clean, sanitary and in repair.
Not destroy, deface, damage, impair or remove any part of the premises or property belonging to the landlord, nor permit any person to do so.

Conduct him/herself, and require other persons on the premises with his/her consent, to conduct themselves in a manner that does not unreasonably disturb the tenant’s neighbors or constitute a breach of the peace.
Use and operate in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators.

If you find yourself in a position where you do not know the answer, it is best to consult an attorney with substantial experience. There are so many different circumstances that a proper answer to your particular problem can only be obtained by a trained and experienced lawyer.

If you have any question regarding this or any other legal matter our firm may be able to help you.

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