Legal Question in Real Estate Law in Florida

If your house is not up to code, the landlord has breached his legal duty according to FL law. That is your way out of the lease.

Section 83.51(1), F.S.

The landlord of a dwelling unit at all times during the tenancy shall:

Section 83.51(1)(a)(b), F.S.

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.

Section 83.51(2)(a), F.S.

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.

Section 83.51(2)(b), F.S.

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

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.

If the Landlord Does Not Comply

Section 83.56 (1), F.S.

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.

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.

Section 83.67, F.S.

Florida Law does not allow a landlord to force a tenant out by:

Shutting off the utilities or interrupting service, even if that service is under the control of or the landlord makes payment;

Changing the locks or using a device that denies the tenant access;

Removing the outside doors, locks, roof, walls or windows (except for purposes of maintenance, repair or replacement); and/or

Removing the tenant's personal property from the dwelling unless action is taken after surrender, abandonment, recovery of possession of the dwelling unit due to the death of the last remaining tenant in accordance with section 83.59(3)(d), or lawful eviction.

If any of these occur, the tenant may sue for actual and consequential damages or three months' rent, whichever is greater, plus court costs and attorney's fees.