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Landlord & Tenant Law in Florida, Real Estate Law

A Tenant’s Duties


Pursuant to the requirements of Florida law:

A tenant, at all times during the tenancy shall:

1. Comply with all building, housing and health codes.
2. Keep the dwelling clean and sanitary.
3. Remove garbage from the dwelling in a clean and sanitary manner.
4. Keep plumbing fixtures clean, sanitary and in repair.
5. 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.
6. 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.
7. Use and operate in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators.
(Section 83.52, F.S.)

Once you agree to rent a dwelling, your right to possession is much the same as if you owned it. The landlord however, can enter at reasonable times with proper notice to inspect, make necessary or agreed repairs, decorations, alterations or improvements, supply agreed services or show it to a prospective or actual purchaser, tenant, mortgagee, worker or contractor. (Section 83.53(2), F.S.)

The landlord may also enter at any time when:

The tenant has given consent;
In an emergency;
The tenant unreasonably withholds consent; and/or,
The tenant is absent from the premises for a period of time equal to one-half the time for periodic rental payments. If the rent is current and the tenant notifies the landlord of an intended absence, then the landlord may enter only with the consent of the tenant or for the protection or preservation of the premises.

If the Landlord Does Not Comply:

You may be able to withhold rent if your landlord fails to do what the law or rental agreement requires. You must however, announce your intentions in writing by mail, preferably certified, at least seven days before the rent is due to allow time to remedy the problem. Section 83.56 (1), F.S.

If the problem is not corrected within the seven days and you withhold the rent, the landlord may take you to court to collect it. Under these circumstances, you must pay the rent into the court registry, pending the judge’s determination in the case.

If you find yourself in such a position 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. Please contact Jupiter Legal Advocates at (561) 748-8000 or email us at for further information and assistance. We try our very best to respond immediately.

If you require the immediate services of a highly experienced and aggressive attorney, please call for a FREE consultation


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Attorney William A. Fleck