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Florida Statute 83.51 | Lawyer Caselaw & Research
F.S. 83.51 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 83
LANDLORD AND TENANT
View Entire Chapter
F.S. 83.51
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, 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. The landlord, at commencement of the tenancy, must ensure that screens are installed in a reasonable condition. Thereafter, the landlord must repair damage to screens once annually, when necessary, until termination of the rental agreement.

The landlord is not 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 is not liable for damages but shall abate the rent. The tenant must 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; s. 6, ch. 2013-136.

F.S. 83.51 on Google Scholar

F.S. 83.51 on Casetext

Amendments to 83.51


Arrestable Offenses / Crimes under Fla. Stat. 83.51
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 83.51.



Annotations, Discussions, Cases:

Cases from cite.case.law:

CASASANTA, v. SAILSHARE LLC,, 274 So. 3d 418 (Fla. App. Ct. 2019)

. . . Although this Court acknowledged a landlord's duty to protect a tenant under section 83.51, Florida Statutes . . .

KUBIAK, v. S. W. COWBOY, INC. a d b a, 164 F. Supp. 3d 1344 (M.D. Fla. 2016)

. . . contributed to the Kitchen Tip Pool; (2) during the week of October 2, 2009, kitchen employees received $83.51 . . .

In STANDARD JURY INSTRUCTIONS IN CIVIL CASE- REPORT NO., 130 So. 3d 596 (Fla. 2013)

. . . See also F.S. 83.51 (1981), which may impose on the landlord greater duties, in respect to conditions . . . Eubanks, 401 So.2d 1328 (Fla.1981), with F.S. 83.51(1)(b), 83.51(4), and 83.47 (1981). e. . . .

PLAKHOV, v. SEROVA,, 126 So. 3d 1221 (Fla. Dist. Ct. App. 2012)

. . . tenant’s ability to terminate the rental agreement for the failure of the landlord to comply “with s. 83.51 . . .

In NORTH NORTHWEST HWY, LLC,, 477 B.R. 88 (Bankr. N.D. Ill. 2012)

. . . Pursuant to Local Rule 83.51(9)(a), a lawyer who has formerly represented a client in a matter shall . . .

HANRAHAN, v. HOMETOWN AMERICA, LLC, LP, 90 So. 3d 915 (Fla. Dist. Ct. App. 2012)

. . . Like the residential tenancy statute, as it pertains to common areas, section 83.51(2)(a)3., Florida . . .

In REVISIONS TO SIMPLIFIED FORMS PURSUANT TO RULE A OF RULES REGULATING THE FLORIDA BAR, 50 So. 3d 503 (Fla. 2010)

. . . Landlord shall be responsible for compliance with Section 83.51, Florida Statutes, and shall be responsible . . . ^TERMINATION FOR FAILURE OF LANDLORD TO MAINTAIN PREMISES AS REQUIRED BY FLORIDA STATUTE 83.51(1) OR . . . (1) and 83.51(2) Florida Statutes and the leaserental agreement and should ensure that the violations . . . Section 83.51(1) provides as follows: 83.51 Landlord’s obligation to maintain premises. (1) The Landlord . . . For the text of Florida Statute 83.51(1), and the grounds for withholding rent, see the note to Form . . .

In STANDARD JURY INSTRUCTIONS IN CIVIL CASES- REPORT NO. In No. In No. In No. In No. s In No. In No. In No. In No., 35 So. 3d 666 (Fla. 2010)

. . . Varnado, 480 So.2d 1336 (Fla. 3d DCA 1985) (violation of residential Landlord Tenant Act, F.S. 83.51 . . . See also F.S. 83.51 (1981), which may impose on the landlord greater duties, in respect to conditions . . . Eubanks, 401 So.2d 1328 (Fla.1981), with F.S. 83.51(1)(b), 83.51(4), and 83.47 (1981). e. . . .

MANAGEMENT, LLC, a v. UNITED STATES, 657 F. Supp. 2d 1186 (D. Or. 2009)

. . . Chase,” which included $83.51 which is noted in the category section to be “Books/Club Ed”), p. 75 (Feb . . .

In SMITH,, 329 F. App'x 805 (10th Cir. 2009)

. . . Additionally, the form cited to Local Rules 83.51 and 57.71 in its title and twice in its body. . . .

L. SMITH, v. GROVE APARTMENTS, LLC,, 976 So. 2d 582 (Fla. Dist. Ct. App. 2007)

. . . See § 83.51(2)(a)3., Fla. Stat. (2007); Mansur v. . . . this personal injury action appears to be primarily grounded upon its statutory violation of section 83.51 . . . See § 83.51(2)(a)3, Fla. Stat. (2007). . . . enacted the Florida Residential Landlord and Tenant Act (section 83.40 et seq.), which includes section 83.51 . . . patio were provided for the common use and benefit of the tenants, the landlord was required by section 83.51 . . . The same is true for section 83.51(2)(a)3, which requires the landlord to maintain common areas clean . . .

FIELDHOUSE, v. TAM INVESTMENT COMPANY, a d b a, 959 So. 2d 1214 (Fla. Dist. Ct. App. 2007)

. . . See § 83.51(2)(a)3., Fla. . . .

A. PISANI, v. R. DUFFIN, Jr., 909 So. 2d 920 (Fla. Dist. Ct. App. 2005)

. . . The court also erred in allowing the building inspector to testify that section 83.51 of the Broward . . .

FLORIDA BAR RE REVISIONS TO SIMPLIFIED FORMS, PURSUANT TO RULE a OF THE RULES REGULATING THE FLORIDA BAR, 774 So. 2d 611 (Fla. 2000)

. . . Landlord shall be responsible for compliance with Section 83.51, Florida Statutes, and shall be responsible . . .

STANDARD JURY INSTRUCTIONS- CIVIL CASES, 778 So. 2d 264 (Fla. 2000)

. . . Varnado, 480 So.2d 1336 (Fla. 3d DCA 1985) (violation of residential Landlord Tenant Act, § 83.51, Fla . . .

GRANT, v. THORNTON No., 749 So. 2d 529 (Fla. Dist. Ct. App. 1999)

. . . Section 83.51, Florida Statutes (1997), provides: 83.51 Landlord’s obligation to maintain premises.— . . . with a similar situation involving alleged inadequate locks, contrary to the provisions of section 83.51 . . .

MENENDEZ, Sr. Jr. Jr. v. PALMS WEST CONDOMINIUM ASSOCIATION, INC., 736 So. 2d 58 (Fla. Dist. Ct. App. 1999)

. . . agreement by failing to make necessary repairs to the premises, and that Palms West had violated section 83.51 . . . failed to provide a working lock on the exterior bathroom to her apartment, in violation of section 83.51 . . . that it failed to maintain safe conditions in the common areas of the complex as required by section 83.51 . . .

CHARLEMAGNE, v. FRANCIS,, 700 So. 2d 157 (Fla. Dist. Ct. App. 1997)

. . . Over the objection of the appellant, the trial court instructed the jury in accordance with section 83.51 . . . We reverse, holding it was error to give the instruction on section 83.51(4) in this common law negligence . . . Section 83.51(4), which was read to the jury, is applicable only to exclude liability of the landlord . . . under section 83.51, which describes statutory warranties. . . . Under section 83.51(4), if the appellant caused the ridges in the carpet, then he could not recover. . . .

JAMES, v. CITY OF ST. PETERSBURG, FLORIDA, L. St. D. St., 33 F.3d 1304 (11th Cir. 1994)

. . . James’s landlord had a duty to have water service provided, Fla.Stat. ch. 83.51(2)(a)5 (1993), but under . . .

JAMES, v. CITY OF ST. PETERSBURG, FLORIDA, L. St. D. St., 6 F.3d 1457 (11th Cir. 1993)

. . . . §§ 83.51 (1982), 83.54 (1973) and 83.59 (1982). . . . .

KINGSTON SQUARE TENANTS ASSOCIATION, v. TUSKEGEE GARDENS, LTD. A., 792 F. Supp. 1566 (S.D. Fla. 1992)

. . . . § 83.51 (1991). . . .

THE FLORIDA BAR RE APPROVAL OF FORMS PURSUANT TO RULE b OF THE RULES REGULATING THE FLORIDA BAR, 591 So. 2d 594 (Fla. 1991)

. . . LandLord — Termination For Failure Of Landlord To Maintain Premises As Required By Florida Statute 83.51 . . . Landlord — Withholding Rent For Failure of Landlord To Maintain Premises As Required By Florida Statute 83.51 . . . LANDLORD — TERMINATION FOR FAILURE OF LANDLORD TO MAINTAIN PREMISES AS REQUIRED BY FLORIDA STATUTE 83.51 . . . Section 83.51(1) provides as follows: 83.51 Landlord’s obligation to maintain premises. (1) The landlord . . . For the text of Florida Statute 83.51(1), and the grounds for withholding rent, see the note to Form . . .

RAY, f k a v. TAMPA WINDRIDGE ASSOCIATES, LTD. a No. a a, 596 So. 2d 676 (Fla. Dist. Ct. App. 1991)

. . . apartment in violation of, among other things, the statutory obligation of a landlord under section 83.51 . . . The thrust of that argument seems to be that section 83.51(2)(a) permits an exception to section 83.47 . . . by section 83.47 and, for the reason explained above, are not excepted from section 83.47 by section 83.51 . . .

UNITED STATES v. P. DAVERN,, 937 F.2d 1041 (6th Cir. 1991)

. . . the defendant by undercover FBI agent of a package containing 984.96 grams of plaster of paris and 83.51 . . .

LINKER v. ROSSE ZAGER, 49 Fla. Supp. 2d 22 (Fla. Cir. Ct. 1991)

. . . instance, Florida Statute 83.56(1) provides: “(1) If the landlord materially fails to comply with § 83.51 . . .

FITZGERALD, v. CESTARI,, 569 So. 2d 1258 (Fla. 1990)

. . . Although Fitzgerald urges liability for failure to comply with section 83.51(l)(a), Florida Statutes . . .

BENJAMIN v. FLEISCHMAN, 40 Fla. Supp. 2d 7 (Fla. Cir. Ct. 1990)

. . . . § 83.51(1). . . .

VETERANS GAS COMPANY, v. GIBBS, A. B. v. S. PHILLIPS,, 538 So. 2d 1325 (Fla. Dist. Ct. App. 1989)

. . . See § 83.51(1), Fla.Stat. (1977). . . .

LESTER v. MANN, 33 Fla. Supp. 2d 60 (Fla. Cty. Ct. 1989)

. . . The Plaintiff has failed to comply with Sec. 83.51, Florida Statutes, in that he is not providing running . . .

O. HAYNES, v. L. F. LLOYD d b a, 533 So. 2d 944 (Fla. Dist. Ct. App. 1988)

. . . Section 83.51(2)(a) provides: (2)(a) Unless otherwise agreed in writing, in addition to the requirements . . . We also hold that section 83.51(2)(a)3., Florida Statutes, which states that a landlord has a duty to . . .

BACKUS v TOVAR, 32 Fla. Supp. 2d 116 (Fla. Cir. Ct. 1988)

. . . seeking to recover unpaid rent, the tenant may defend on the ground of a material noncompliance with § 83.51 . . . The defense of a material noncompliance with § 83.51(1) [F.S. 1973] may only be raised by the tenant . . .

GILBERT, v. JABOUR,, 527 So. 2d 951 (Fla. Dist. Ct. App. 1988)

. . . the landlord’s breach of a duty imposed by the Florida Residential Landlord and Tenant Act, section 83.51 . . .

FORTE TOWERS, INC. a d b a v. LEDERER, 528 So. 2d 400 (Fla. Dist. Ct. App. 1988)

. . . misconstrues the grounds for Forte’s liability which arose from its failure to maintain safe common areas, § 83.51 . . . At 401, n. 1. .Forte also argues that the court erred in reading section 83.51, Fla.Stat. (1983), to . . . The provision in question, section 83.51(2)(a), Florida Statutes (1985), provides: Landlord’s obligation . . .

MASON v. WILLIAMS, 28 Fla. Supp. 2d 9 (Polk Cty. Ct. 1987)

. . . plaintiff leased to defendant violate the landlord’s obligation to maintain premises as set out in section 83.51 . . . The dimunition in value of the house due to the noncompliance with section 83.51(l)(a) during the occupancy . . . March 1, 1986, to the present time and from now on until the house is brought into compliance with § 83.51 . . .

HUNTER S RUN, LTD. v HOELSCHER EHRHART, 34 Fla. Supp. 2d 148 (Orange Cty. Ct. 1987)

. . . statute 83.56(1) permits a tenant to withhold rent if the landlord fails to comply with Florida statute 83.51 . . .

DiMASSIMO M. v. CITY OF CLEARWATER,, 805 F.2d 1536 (11th Cir. 1986)

. . . . § 83.51 (1983). . Fla.Stat. § 83.54 (1983). . . . .

E. MANN, v. R. PIERCE, Jr. U. S., 803 F.2d 1552 (11th Cir. 1986)

. . . . § 83.51. Section 83.51 codifies Florida landlord maintenance obligations and Fla. . . . Section 83.51 implies a warranty of habitability in all Florida residential leases: The Florida Residential . . . The Florida courts have further indicated that section 83.51 codifies contractual obligations by noting . . . FIa.Stat. § 83.51 provides in part: Landlord’s obligation to maintain premises (1) The landlord at all . . . “Although the statutory obligations created by section 83.51 are by implication a part of the landlord . . .

C. HERRELL, Jr. C. Jr. P. A. v. SEYFARTH, SHAW, FAIRWEATHER GERALDSON, A, 491 So. 2d 1173 (Fla. Dist. Ct. App. 1986)

. . . the residential landlord’s material noncompliance with the obligations imposed upon him by section 83.51 . . .

CARAVAN APARTMENTS, v. HOLMES, 18 Fla. Supp. 2d 15 (Duval Cty. Ct. 1986)

. . . tenant answered the complaint and counterclaimed, alleging retaliation, material non-compliance with § 83.51 . . .

STORER CABLE T. V. OF FLORIDA, INC. v. SUMMERWINDS APARTMENTS ASSOCIATES, LTD. DYNAMIC CABLEVISION OF FLORIDA, INC. v. LENNAR CORPORATION,, 493 So. 2d 417 (Fla. 1986)

. . . For example, section 83.51 requires the landlord, unless otherwise provided by a written lease, to provide . . .

BENNETT M. LIFTER, INC. v. VARNADO, a By VARNADO,, 480 So. 2d 1336 (Fla. Dist. Ct. App. 1985)

. . . The duty, noted the court, corresponds to the statutory warranty of habitability, found in section 83.51 . . .

McLENNAN v. ROZNIAK, 15 Fla. Supp. 2d 42 (Fla. Cty. Ct. 1985)

. . . terminate a rental agreement for a landlord’s noncompliance with either lease provisions or Section 83.51 . . .

LOCKAMY v. BYRNE, 474 So. 2d 372 (Fla. Dist. Ct. App. 1985)

. . . Specifically, section 83.51(l)(b) requires the landlord at all times during the tenancy, in the absence . . .

PATERSON, v. C. DEEB, Co. W. Co., 472 So. 2d 1210 (Fla. Dist. Ct. App. 1985)

. . . against foreseeable criminal misconduct against plaintiff, a single woman living alone; that section 83.51 . . . Section 83.51 specifies the extent of the landlord’s statutory obligation to maintain the leased premises . . . Section 83.51 plainly imposes a continuing obligation on the landlord to provide the leased premises . . . It cannot be said that the particular provisions of section 83.51 relied on in this case specify the . . . Although the statutory obligations created by section 83.51 are by implication a part of the landlord's . . .

SMITH v. ROOY,, 11 Fla. Supp. 2d 53 (Orange Cty. Ct. 1985)

. . . Stat. 83.51(2)(b), the mere failure of a landlord to make repairs is not a defense to an action for eviction . . . Stat. 83.51 (building, housing and health codes) and permits, among other things, the tenant to terminate . . .

SHARICK, v. SAGER, 8 Fla. Supp. 2d 122 (Fla. Cir. Ct. 1984)

. . . Appellee also sued on a count of constructive eviction based on the violation of F.S. 83.51, one of the . . .

CITY OF ST. PETERSBURG, v. COMPETITION SAILS, INC., 449 So. 2d 852 (Fla. Dist. Ct. App. 1984)

. . . See § 83.51, Fla.Stat. (1981). . . .

K. D. LEWIS ENTERPRISES CORPORATION, INC. a v. SMITH,, 445 So. 2d 1032 (Fla. Dist. Ct. App. 1984)

. . . seeking to recover unpaid rent, the tenant may defend upon the ground of a material noncompliance with s.83.51 . . . The defense of a material noncompliance with s.83.51(l) [F.S. 1973] may be raised by the tenant if 7 . . . A material noncompliance with s.83.51(l) [F.S.1973] by the landlord is a complete defense to an action . . . reduced to reflect the diminution in value of the dwelling unit during the period of noncompliance with s.83.51 . . . If the failure to comply with s.83.51(l) [F.S.1973] or material provisions of the rental agreement is . . .

WILLIAMS v. CARDENAS, 10 Fla. Supp. 2d 4 (Orange Cty. Ct. 1983)

. . . Housing Code in the dwelling unit Plaintiff rented to Defendant constitutes violation of Florida Statutes 83.51 . . . Pursuant to Florida Statutes 83.55, Defendant is entitled to damages for the violation of 83.51. . . . Plaintiff, Stephen Williams, for the sum of $900.00 representing her damages under Florida Statutes 83.51 . . .

In STANDARD JURY INSTRUCTIONS CIVIL, 418 So. 2d 267 (Fla. 1982)

. . . See also § 83.51, Fla.Stat. (1981), which may impose on the landlord greater duties, in respect to conditions . . . Eubanks, 401 So.2d 1328 (Fla. 1981), with §§ 83.51(1)(b), 83.51(4), and 83.-47, Fla.Stat. (1981). . . .

THOMPSON, v. ROCK SPRINGS MOBILE HOME PARK,, 413 So. 2d 1213 (Fla. Dist. Ct. App. 1982)

. . . . § 83.51(1), Fla.Stat. (1977); (Citation omitted). Id. at 1329 — 30. . . . COWART, J., dissents with opinion. .Section 83.51, Florida Statutes (1977), provides in part: (1) The . . .

S. FIRTH, v. L. MARHOEFER d b a, 406 So. 2d 521 (Fla. Dist. Ct. App. 1981)

. . . We begin our analysis by considering Section 83.51(2)(a)3, Florida Statutes (1979), which imposes a statutory . . .

MANSUR v. G. EUBANKS, M. Co., 401 So. 2d 1328 (Fla. 1981)

. . . . § 83.51(1), Fla.Stat. (1977); Mansur v. Eubanks, 368 So.2d at 650, n. 11 (Fla. App.) . . .

WHELAN, a a v. DACOMA ENTERPRISES, INC. a d b a St. s II,, 394 So. 2d 506 (Fla. Dist. Ct. App. 1981)

. . . to require protection against criminal activity, Id., 35 Ill.Dec. at 533, 399 N.E.2d at 599 [see § 83.51 . . .

BENNETT v. G. MATTISON J. d b a, 382 So. 2d 873 (Fla. Dist. Ct. App. 1980)

. . . injuries were caused by the negligence of the landlord, my concurrence is based primarily upon Section 83.51 . . . patio were provided for the common use and benefit of the tenants, appellees were required by Section 83.51 . . .

MANSUR v. G. EUBANKS, M., 368 So. 2d 645 (Fla. Dist. Ct. App. 1979)

. . . Florida has by statute adopted the implied warranty of habitability, § 83.51(1), Fla.Stat. (1977), which . . .

ROBINSON v. ROUNDTREE, 43 Fla. Supp. 141 (Palm Beach Cty. Ct. 1976)

. . . in default in rent and has not interposed a defense of material noncompliance by the landlord with §83.51 . . . existed between landlords and tenants and that it imposes fundamental responsibilities on the landlord (§83.51 . . . Section 83.51 would be rendered ineffective as a protective measure; a landlord would be able to circumvent . . . retaliatory eviction, the salutary purposes sought to be achieved by the legislature in enacting §§83.51 . . . construction here — as Edwards held in comparable circumstances— requires that the court reconcile §§83.51 . . .

BOWLES v. BLUE LAKE DEVELOPMENT CORPORATION,, 504 F.2d 1094 (5th Cir. 1974)

. . . seeking to recover unpaid rent, the tenant may defend upon the ground of a material noncomplianee with § 83.51 . . . The defense of a material noncompliance with § 83.51(1) (F.S.1973) may only be raised by the tenant if . . . A material noncompliance with § 83.51(1) (F. . . . reduced to reflect the diminution in value of the dwelling unit during the period of noncompliance with § 83.51 . . .

B. JACOBS v. UNITED STATES, 126 F. Supp. 154 (Ct. Cl. 1954)

. . . plaintiff filed a report showing income tax due in the sum of $360.59 (later amended to show an additional $83.51 . . .

SAUL B. JACOBS v. THE UNITED STATES, 131 Ct. Cl. 1 (Ct. Cl. 1954)

. . . plaintiff filed a report showing income tax due in the sum of $360.59 (later amended to show an additional $83.51 . . . disclosing tax due of $360.59, but an amended return for that year disclosed additional income tax due of $83.51 . . .

In CHICAGO, R. I. P. RY. CO., 50 F. Supp. 835 (N.D. Ill. 1943)

. . . Each bond receives in new securities $83.51 of First Mortgage bonds, $454.14 Income Mortgage bonds, $445.98 . . .

SOUTHERN PACIFIC CO. v. THE UNITED STATES, 60 Ct. Cl. 662 (Ct. Cl. 1925)

. . . Settlement Avas made by the Treasury Department in the sum of $83.51, based on rating by analogy to emigrant . . .