Explaining Habitability In Florida Rental Units
The idea of a warranty of habitability is an often-discussed one when renting a Florida dwelling. While the phrase is not stated verbatim in any of the relevant statutes, it essentially means that a tenant has the right to live in a dwelling that is safe, sanitary, and livable. That said, the meaning of “livable” or “habitable” is still often a point of contention between landlords and tenants.
Warranty Applies Even If Not In Lease
One thing that both parties to a lease should keep in mind is that even if a lease does not mention habitability or an implied warranty of habitability, both landlord and tenant are still bound by this common-law decree. If a dwelling falls below the standard required by Florida’s building codes, or fails to remain safe, sanitary, and livable, either party can institute legal action (after proper notice has been served).
That said, Florida’s law lays out the duties of both the landlord and the tenant in upholding this warranty of habitability in a fairly straightforward manner. A landlord has the duty to perform all appropriate maintenance, keep any common areas clean and safe, and ensure that utilities are in good working order, among other duties, and must respond to a tenant request if the request falls within their purview – for example, if a tenant reports a maintenance problem, the landlord must repair it within an appropriate length of time.
Parties Must Work Together
In general, a landlord and tenant must work together to preserve the warranty of habitability. The tenant must use appropriate channels to inform the landlord of anything amiss in the dwelling, and the landlord must respond appropriately and in time. If for some reason, the working relationship between the two falls apart, it is more likely that the dwelling will not be habitable – whether due to being insanitary, unsafe, or otherwise not up to code.
If the landlord fails to work with the tenant to bring the dwelling back to a habitable state, the tenant has options with which to force the issue. While withholding rent is usually frowned upon, the tenant may be given the okay to do so by the court, or if the dwelling is so uninhabitable as to be unsafe, the tenant may be able to move out temporarily or permanently – this is known as ‘constructive eviction,’ and it may also be actionable in the right court.
Contact A Tampa Landlord-Tenant Attorney
If you are a landlord or tenant and suspect that your counterpart is not keeping their dwelling habitable, consulting an attorney is a good idea. A Tampa landlord-tenant attorney from the Seward Law Office can help you determine your options moving forward. Call our office today at 813-252-6789 to schedule a consultation.
Source:
flsenate.gov/Laws/Statutes/2025/0083.51
