Landlord’s Responsibility for Refrigerator Repair or Replacement
Landlords in Florida have an obligation to comply with local and state building and health codes or in the absence of local codes to repair 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.” Florida Statutes 83.51 Landlord’s obligation to maintain premises.
In addition to state law, the lease may have provisions of what the landlord’s responsibilities to repair are. Some leases make many of the repairs tenant’s obligation. That’s not against the law.
Refrigerators in Florida are not considered a requirement for habitability under the law but are an amenity. However, the lease may specify who is responsible for maintaining the fridge and other appliances.
Here is an example from the Florida Residential Lease from the Florida Association of Realtors:
“10. MAINTENANCE. Landlord shall be responsible for compliance with Section 83.51, Florida Statutes, and shall be responsible for maintenance and repair of the Premises, unless otherwise stated below: (Fill in each blank space with “Landlord” for Landlord or “Tenant” for Tenant, if left blank, Landlord will be responsible for the item): Refrigerator”
If the lease specifically mentions that the landlord is required to maintain the refrigerator or replace it, the tenant may send a written repair request, a 7-day Notice to Cure.
The notice should include:
- List of the items that need to be fixed
- Deadline of when the items have to be repaired (7 days plus 5 days if the notice is mailed)
- A statement like the one below:
This is to inform you that you are not maintaining my dwelling unit as required by Florida Statute 83.51(1) or material provisions of our rental agreement. If you do not complete the following repairs, noncompliance, violation or default, within seven days I intend to withhold all future rental payments.
The lack of a refrigerator does not make the rental inhabitable, according to Florida law, the tenant’s only remedy is to withhold rent if the landlord of responsible to fix or replace the refrigerator.
The notice must be in writing, delivered by certified mail, or in person. The landlord has to have 7 days from the receipt of the notice to fix the problem. If the notice is mailed the landlord should be given 5 more days to respond.
If the landlord doesn’t fix or replace the fridge, the tenant has the right to withhold an appropriate amount from the rent.
(b) If the landlord’s failure to comply does not render the dwelling unit untenantable and the tenant remains in occupancy, the rent for the period of noncompliance shall be reduced by an amount in proportion to the loss of rental value caused by the noncompliance.
Tenants cannot withhold rent if they are responsible for breaking the fridge and if they are behind on rent payments.
What if the lease doesn’t mention who is responsible for maintaining the fridge?
If the lease doesn’t mention who is responsible for repairing or replacing the refrigerator, then the only solution for the tenants is to move out when allowed by the lease.
Who is responsible for spoiled food?
Spoiled food is personal property and not the responsibility of the landlord. Most leases have language that makes that clear.
RISK OF LOSS: All TENANTS’ personal property shall be at the risk of the TENANT, and LANDLORD shall not be liable for any damage to said personal property of the TENANT arising from criminal acts, fire, storm, flood, rain or wind damage, acts of negligence of any person whomsoever, or from the bursting or leaking of water pipes. LANDLORD shall not be responsible for the loss of any food in the event of a refrigerator or freezer failure, defect or electrical failure. TENANT is strongly urged to secure insurance for personal property.
Section 8 Rentals
A tenant who is using a Section 8 Voucher, cannot move out or stop paying rent before the lease ends because the landlord is not fixing things.
The tenant should contact their caseworker and request an audit of the property.
This article is for general education only. It is not intended to be used to solve individual problems and to be used as legal advice.
