What Repairs Must a Florida Landlord Make under Section 83.51?

Section 83.51 is part of the Florida Residential Landlord and Tenant Act. Subsection (1) makes building, housing, and health codes the first measure of a landlord's duty. If no code applies, the landlord must maintain the structural components in good repair and the plumbing in reasonable working condition.

The statute also addresses screens. The landlord must make sure screens are installed in reasonable condition when the tenancy begins and must repair screen damage once a year when needed. For a single-family home or duplex, these subsection (1) duties may be changed in writing.

For units other than a single-family home or duplex, subsection (2) adds duties unless the parties agree otherwise in writing. The landlord must make reasonable provisions for extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs, locks and keys, clean and safe common areas, garbage removal, and functioning heat during winter, running water, and hot water. A single-family home or duplex must have working smoke detection devices at the start of the tenancy unless otherwise agreed in writing.

The landlord is not responsible under this section for conditions caused by the negligent or wrongful act of the tenant, a family member, or a guest. Local codes in Melbourne and Brevard County can also apply. Easler Law PLLC has a longer article on maintaining residential property.