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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.
(2)(a) Unless otherwise agreed in writing, in addition
to the requirements of subsection (1), the landlord
of a dwelling unit other than a single-family home or
duplex shall, at all times during the tenancy, make
reasonable provisions for:
1. The extermination of rats, mice, roaches, ants, wood-destroying
organisms, and bedbugs. When vacation of the premises
is required for such extermination, the landlord shall
not be liable for damages but shall abate the rent.
The tenant shall be required to temporarily vacate the
premises for a period of time not to exceed 4 days,
on 7 days' written notice, if necessary, for extermination
pursuant to this subparagraph.
2. Locks and keys.
3. The clean and safe condition of common areas.
4. Garbage removal and outside receptacles therefor.
5. Functioning facilities for heat during winter, running
water, and hot water.
(b) Unless otherwise agreed in writing, at the commencement
of the tenancy of a single-family home or duplex, the
landlord shall install working smoke detection devices.
As used in this paragraph, the term "smoke detection
device" means an electrical or battery-operated
device which detects visible or invisible particles
of combustion and which is listed by Underwriters Laboratories,
Inc., Factory Mutual Laboratories, Inc., or any other
nationally recognized testing laboratory using nationally
accepted testing standards.
(c) Nothing in this part authorizes the tenant to raise
a noncompliance by the landlord with this subsection
as a defense to an action for possession under s. 83.59.
(d) This subsection shall not apply to a mobile home
owned by a tenant.
(e) Nothing contained in this subsection prohibits the
landlord from providing in the rental agreement that
the tenant is obligated to pay costs or charges for
garbage removal, water, fuel, or utilities.
(3) If the duty imposed by subsection (1) is the same
or greater than any duty imposed by subsection (2),
the landlord's duty is determined by subsection (1).
(4) The landlord is not responsible to the tenant under
this section for conditions created or caused by the
negligent or wrongful act or omission of the tenant,
a member of the tenant's family, or other person on
the premises with the tenant's consent.
History.--s. 2, ch. 73-330; s. 22, ch. 82-66; s. 4,
ch. 87-195; s. 1, ch. 90-133; s. 3, ch. 93-255; s. 444,
ch. 95-147; s. 8, ch. 97-95.
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