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Providing a Livable Space: 6 Ways a Landlord Must Ensure Habitability | Brian Chase - Atlas Law

Under Florida law, landlords are obliged to provide habitable housing to their tenants. The term “implied warranty of habitability” indicates that landlords implicitly promise a safe, livable home by renting to tenants. In general, this refers to major repair needs that can affect a tenant’s safety, health, or ability to remain in their home. If a landlord does not fulfill their end of this agreement, a tenant may choose to sue the landlord, break their lease without penalty, or withhold rent. These are five of the most important ways in which a landlord must provide a safe and habitable home.

1. Maintain Common Areas

All common areas must be kept safe and clean by the landlord. This includes hallways, entryways, elevators, stairs, and laundry rooms. If the landlord hires a property manager to fulfill this obligation, it is ultimately their responsibility if the property manager fails to follow through.

2. Keep Structural Elements Safe

Core structural elements of a property include the foundation, walls, roof, and stairs. All structural components must be safe. In Florida, roof leaks are a common habitability concern, as the humidity can cause the rapid spread of mildew and mold.

3. Provide Water and Heat

Residents have a right to usable water and heat. Water—both cold and hot—and heating must be available at appropriate times and in reasonable amounts. A broken furnace during a cold snap, for example, is considered a major habitability issue.   

4. Prevent and Exterminate Rodent and Insect Infestations

Landlords are expected to take reasonable steps to prevent rodent and vermin infestations. Additionally, they must exterminate all infestations as soon as they occur.

5. Reasonably Prevent Intrusions

Tenants have the right to a home that is safe from intrusions and criminal activity. Generally, landlords simply have to take common sense safety measures, such as maintaining door locks and keeping outdoor areas well-lit. Additional safety needs, such as home protection cameras or alarms, are optional and typically are the responsibility of the tenant.

6. Protect Residents from Environmental Hazards

Residents should be protected from hazards like deteriorating lead paint and asbestos. Mold is a significant issue in Florida, which means that landlords must protect against this hazard with sufficient ventilation. 

As a landlord, you want to do what is right for your tenants while protecting yourself from legal liability and disputes. That’s why you need Atlas Law—we advocate for our landlord clients and help them meet local and state standards. Contact us at 813-241-8269 to get started.