Legal Question in Real Estate Law in Florida

Re: rental lease agreement

The Landlord/Tenant act specifically lays out the landlord�s obligations. If these obligations of the landlord are not met, the tenant has remedies under Florida law. These remedies are strong, and they place the landlord under a time limit.

Below is FS 83.51 (1) which lays out some of the obligations of the landlord. While the landlord has other obligations under the lease and Florida law, the Section 83.51(1) obligations are those for which if not met, the tenant can break the lease or withhold rent.

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, screens, 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. However, the landlord shall not be 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.

If the Landlord fails to meet the aforementioned obligations Florida law allows the tenant to serve notice upon the landlord, giving the landlord 7 days to correct the problem, OR the tenant has a right to withhold rent OR break the lease agreement without penalty. The service of the notice on the landlord by the tenant will act as a complete defense to an eviction action.