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Providing a Livable Space: 10 Ways a Landlord Must Ensure Habitability | Brian Chase - Atlas Law

There is no doubt that managing a portfolio of rental properties can be a challenge even for the most conscientious landlord. The issues that need to be taken care of on a regular basis are numerous. Solving each and every one of them effectively and in a timely manner requires good planning, strategic thinking, and excellent management skills. However, no matter how many issues you need to handle as a landlord, property maintenance should always be at the top of your priority list. 

The consequences of leaving a leaking roof, faulty heating, or plumbing issues can ruin your reputation as a landlord. If you fail to resolve these problems promptly and effectively, your tenant may decide to take legal action against you for breaching the warranty of habitability. In Florida, the warranty of habitability is a common name for a set of housing statutes that protect the right of a tenant to a decent standard of living. In this article, you’ll learn what habitability means and what landlords are legally required to do to ensure habitable conditions of the property they are renting.

What Is Habitability?

Habitability is a broad legal concept. In general terms, it can be defined as the conformity of rental property with the basic living and safety standards. The warranty of habitability is an implied requirement which means that it doesn’t have to be stated explicitly in the rental or lease agreement. Additionally, a contract clause attempting to waive the warranty of habitability would be deemed against public policy and such unenforceable in most states.

While Florida Statutes do not contain the phrase “warranty of habitability,” the obligation of a landlord to ensure an appropriate standard of living is clearly defined in Section 83.51 of the Florida Statutes. According to s. 83.51, the landlord must comply with “. . . the requirements of applicable building, housing, and health codes.” Additionally, the landlord must ensure that the structural components of a rental property such as roofs, windows, doors, floors, steps, porches, etc. are in good repair and that the plumbing is in “reasonable working condition.”

Ways to Ensure Habitability

In practical terms, the above-mentioned requirements mean that a landlord should comply with the warranty of habitability in the following ways:

  1. Ensuring that the roof doesn’t leak.
  2. Providing windows and doors that are weather-tight and water-tight, and maintaining them in such condition.
  3. Maintaining the stairs in the safe-to-use condition.
  4. Ensuring that the house is reasonably rodent-proof.
  5. Ensuring hot water connection to the kitchen and the bathroom.
  6. Providing a flush toilet and maintaining it in good working condition.
  7. Providing a sufficient number of working electric outlets.
  8. Maintaining the electrical systems in working and safe condition.
  9. Taking appropriate care to ensure pest and rodent control and eliminating rats, mice, roaches, wood-destroying pests such as ants and termites, and bedbugs.
  10. Installing a working smoke detection device.

Facing a Lawsuit? Atlas Law Can Help

At times, even the most conscientious landlords face lawsuits from their disgruntled tenants. In some cases, such lawsuits are frivolous and unsubstantiated. As a landlord, you have every right to protect your reputation and interests by choosing a skillful lawyer to represent and protect you in a court of law. If you’re facing any legal issues coming from a dissatisfied tenant, do not hesitate to contact us. Our attorneys at Atlas Law will gladly review the issue you’re facing and advise with regards to the most advantageous solution available in your case. Please contact us to schedule a free consultation with a member of our legal team.