Repairs & Maintenance FAQ’s
Legal
Evictions
Repairs
Management
Can I alter my obligations as a landlord in maintaining the rental property?
It depends. F.S. 83.51(1) imposes landlord obligations to keep the property in compliance with housing and health codes, but if there is no applicable code, then to reasonable working conditions on specified items in the statute. This is generally known as the “warranty of habitability.” However, the landlord and tenant may agree to alter the landlord’s obligations in writing if the property is a single-family or duplex. It is advisable to consult an attorney when altering the landlord’s obligations in a lease agreement.
Am I obligated to repair every item that a tenant asks me to repair during the tenancy?
It depends. You are obligated to comply with the landlord obligations under F.S. 83.51(1) and for those you have promised to repair in the lease agreement. You are not obligated to repair any item that was damaged by the tenant, and you are not obligated to repair an item that is not listed as an obligation under F.S. 83.51(1) and the lease agreement.
If a tenant asks me to repair an item that I do not have an obligation to repair under F.S. 83.51(1) or the lease agreement, how should I respond?
First, determine that the repair requested is not your obligation. Next, notify the tenant that the repair requested is not a landlord obligation under F.S. 83.51 or the lease agreement. If the tenant desires to make the repair himself, be sure that you do not let the tenant do work that they are not qualified to perform. If the tenant wants to hire a vendor, do not let them hire one that is not qualified, licensed, and insured to perform the needed work. It is advisable that you have a written lease agreement to govern these situations.
Do I have to hire a mold assessor when the tenant complains that mold is present on the premises?
It depends. First, your lease agreement should address mold complaint situations. Next, mold can be a serious problem, so not assessing a mold complaint can impose liability on you if mold is in fact present. If mold is visible, you should take steps to assess the condition. If the tenant was not the cause of the mold, and the report reveals dangerous types and levels of mold, you should remedy the problem. If mold is not visible and your lease agreement does not address the situation, this poses a problem. If you do not assess the condition, and the tenant gets injured by mold, you could be held liable. But if you assess the condition, and there is no mold present, you’ve spent hundreds of dollars needlessly. Again, use a lease agreement that addresses this situation, and if necessary, consult an attorney to help guide you through mold complaints.
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