Florida Statewide Rule
Florida Habitability and Repair Standards
Key Facts
- Core duty
- Comply with codes or keep structure and plumbing in repair (§ 83.51)
- Multi-unit add-ons
- Heat in winter, running water, hot water, pest control, locks
- Tenant enforcement notice
- 7-day written notice to cure (§ 83.56)
- Rent withholding
- Allowed only after 7-day written notice
Summary
Fla. Stat. § 83.51 requires landlords to comply with applicable building, housing, and health codes or keep the structure, plumbing, and (for most multi-unit buildings) heat, running water, hot water, and pest control in working order. Tenants enforce these duties through the § 83.56 seven-day written notice to cure before withholding rent or terminating.
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.
Full Breakdown
Under § 83.51(1), a landlord must comply with applicable codes or, absent codes, maintain 'roofs, windows, doors, floors, steps, porches, exterior walls, foundations, and all other structural components in good repair' plus plumbing in reasonable working condition. For dwellings other than single-family homes and duplexes, § 83.51(2) adds reasonable pest extermination, working locks, clean common areas, garbage removal, and 'functioning facilities for heat during winter, running water, and hot water.' To enforce, a tenant must deliver written notice under § 83.56(1) specifying the noncompliance; if the landlord does not cure within 7 days and the unit is untenantable, the tenant may vacate without further rent liability. Rent may be withheld only after the same 7-day written notice.
Violations & Penalties
No specific statutory penalty. If the landlord fails to maintain the premises and the unit becomes untenantable after a 7-day written notice, the tenant may terminate and owe no rent during the uninhabitable period, or may withhold rent; a court may also award damages.
Frequently Asked Questions
What must a Florida landlord repair or provide?
Can a tenant withhold rent in Florida for repairs?
Sources
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