Overview of 2012 Florida Landlord Statutes |
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Overview of 2012 Florida Landlord Statutes

By: Gregg Cohen, CEO, JWB Real Estate Companies
March 10, 2012

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As as an investment property owner in Florida, you will be required under state law to maintain the property that you rent to a tenant. Legislation is continuously updated to protect you as a landlord and to protect tenants from wrongdoings to prevent negligence and other lawsuits. Finding the perfect renter is a dream come true, but in reality you will have to make some tough decisions from time to time when you rent out your property. 

Overview of Florida Landlord Statutes 
As a real estate investor, it is important to seek legal advice for any problem that involves someone renting your property. The information that is presented here should never be used as legal advice. Consulting with a qualified attorney provides the best solution for legal problems. The full Florida statues can be accessed here.
Title VI 
Chapter (83.51)
As a landlord of a rental property, you must be in compliance with any health codes, building codes or other state or local requirement during the ownership of the property. Landlords are directly responsible for windows, roof, plumbing, doors, walls, steps and any other structure attached or located inside or located outside of the property. 
(2)(a) 1. Unless an agreement is reached or modified in writing with a tenant for any part of this this chapter, a landlord must provide pest control or extermination services. When tenants are required to vacate a property during extermination concisting of a period of 4 days or more, it requires written notice by a landlord. If damages happen to tenant property during vacting for extermination, a landlord is not liable for the damage, but he or she must reduce the rent for the number of days that a tenant did not occupy the residence.
2. Responsible for locks and keys.
3. Clean all areas that are used for entrance and exiting the property or another safe area.
4. Garbage removal and recepticle access. 
5. Must provide heat during winter, working plumbing, hot and cold water at all times.
5(b) After a tenant vacates the property, smoke detection devices must be changed or installed.
6(e) Landlords can specify in the lease agreement that tenants must pay for garbage removal, utilities, water delivery and use, fuel for heating or other utilities that a landlord agrees not to pay. 
Chapter (83.53)
1. Landlords can enter the property with reasonable consent from a tenant to handle repairs, inspections, upgrades, alterations or to introduce the property for sale.
2. Reasonable notice of 12 hours must be given before a landlord enters the property. A reasonable time for entry is between 7:30 a.m. and 8:00 p.m.
3. For protection or preservation of the property, a landlord can enter without consent of a tenant and during times of emergency. A landlord cannot abuse the access granted under law or harass any tenant.
Hiring Property Mangement Companies

Most property managers will be appointed landlord duties upon signing of a property management agreement. If you are an out of state investor, obtaining management services is a top priority to help successfully manage all aspects of your Florida investment property. Legalities can still pass on to you if a problem or disaster happens during your ownership period. 

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