How to Maintain Your Florida Rental Property

The Landlord Legal Duties to Repair Acording to Florida Law

The landlord’s legal duty is to maintain the property according to local building, housing, and health codes.

In the absence of such codes, the landlord is obligated to maintain and repair:

  • Roof
  • Windows
  • Doors
  • Steps
  • Porches
  • Exterior walls
  • Foundation
  • All structural components
  • Plumbing 
  • Heating
  • Screens have to be installed and repaired annually

The lease can impose more duties to repair, for example, air conditioning, appliances, and pest control. 

For multifamily residential buildings (duplexes and single-family homes excluded), the landlord is expected to also provide for:

  • Pest control: rats, mice, roaches, ants, wood-destroying organisms, and bedbugs. If the tenant needs to be moved in order for the building to be treated, the landlord is not responsible for damages but should prorate and reduce the rent appropriately.
  • Lock and keys
  • Safety of the common areas
  • Garbage removal and garbage bins
  • Heating, running water, and hot water
  • Working smoke detectors at the beginning of the lease

The landlord can ask the tenant to pay for garbage removal, water, or utilities. 

If the tenant, his family or someone hired by the tenant causes damages, even if it’s not intentional, the landlord is not responsible to the tenant.

For example, if the tenant breaks the lock or window, the tenant has to pay for repair and replacement.

Tenant’s Remedies if the Property Is Not Maintained

Tenants can withhold rent if the landlord is not maintaining the property according to the duties imposed by local laws and codes or by the lease.

However, in order to do this, tenants need to give the landlord a written 7-Day Notice to cure. If the notice is sent by mail five days should be added to the deadline.

The notice should include the following language:

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. SOURCE: Section 83.56(1), Florida Statutes (19905)

If the landlord does not fix the problem and the rental is not suitable for rent, the tenant can terminate the lease. It’s important to note that the lack of air conditioning or a working refrigerator, for example, doesn’t make the rental untenantable. In fact, if air conditioning and appliance maintenance are not written in the lease, the tenant cannot even deduct from the rent.

The lack of one working toilet does make the rental unsuitable for rent. If the property has multiple working toilets and only one is blocked, the tenant can’t break the lease but can deduct it from the rent if the plumbing is not fixed.

If the tenant is the one responsible for the blockage, the landlord has no duties to the tenant.

Should the Tenant be Allowed to do Alterations and Improvements

I’ve had a tenant who replaced the carpet in my rental with tile. If the improvement to your property adds value and makes the tenant stay longer, I see no reason to refuse, provided that I approve samples and colors and the alteration is done by a licensed and insured contractor.

To avoid disputes, specify who will pay for the repairs or improvement.

You can find a Repair Approval Notice in our forms.

Delegating Some of the Maintenance to the Tenants

When I got started in property management I thought that you shouldn’t delegate any maintenance to the tenants because little repairs may turn into big problems. As I gained experience I changed my mind. I also observed how corporate landlords like Invitation Homes approach maintenance.

So how can you delegate maintenance to the tenants? If you are managing your own property, the best way to delegate maintenance is to buy a home warranty with a small deductible like $50 and give the Home Warranty phone number to the tenants. They can call the home warranty company directly and pay the deductible. For this to work, you need to do regular inspections and have a good preventative maintenance program. Read our article on the pros and cons of using a home warranty for your rental.

If you don’t want to use a Home Warranty, you can still have a small maintenance call deductible. This will make tenants maintain the property better and reduce unnecessary repair calls. You should only do this if you inspect the property quarterly and have good property maintenance in place.

How Much to Budget for Property Maintenance

You should budget 3% of the monthly rent for maintenance and repairs. On a $1000 home that’s $30. After managing hundreds of properties, I have to say that this rule of thumb is very unreliable but if you don’t have any other data, you can start with that.

These are the things that will make a difference in how much you spend on maintenance:

  • Condition of the property before you rent it
  • Having good tenants
  • Preventative maintenance
  • Inspections
  • Finding and keeping reliable and affordable vendors
  • Good property management 

Preventative Property Maintenance Checklist

These are the tasks that you should be doing monthly, and twice a year:

MONTHLY 

  • Test smoke detectors
  • Deep cleaning
  • Replace HVAC filters 
  • Inspect fire extinguishers
  • Clean garbage disposal
  • Unclog drains
  • Clean the range hood and filter
  • Clean AC condensate drain line with vinegar

SPRING

  • Wash outside windows and siding and front door
  • Clean gutters and downspouts
  • Pump the septic tank (if you have one)
  • Inspect roof and chimney for any damage or leaks
  • Get the Air Conditioning system serviced
  • Re-seal the deck, fence, and other outdoor woodwork
  • Inspect driveway and other exterior concrete pathways
  • Inspect your sprinkler heads, test the irrigation system
  • Spray for mosquitos and other bugs
  • Check screen doors and windows
  • Clean and inspect dryer vent

SUMMER

  • Mulch
  • Exterior paint touch-ups
  • Check on the washer and dryer
  • Clean refrigerator coils
  • Clean bathroom vent fans
  • Test your home alarm
  • Wash the trash barrel and recycle bin
  • Fertilize the lawn

You can download this maintenance checklist from the Rental Forms.

Landlord’s Entry for Maintenance and Repair 

Tenants cannot refuse entry to the landlord for maintenance and repair if the landlord has given reasonable notice, at least 12 hours prior to entry and the entry is between the hours 7:30 a.m. and 8:00 p.m. Here is a free Landlord Entry Notice.

Some landlords think that if they don’t have permission from the tenant they can’t enter. 

Below are listed all the circumstances when a landlord can enter, provided that proper notice was given.

(a) With the consent of the tenant;

(b) In case of emergency;

(c) When the tenant unreasonably withholds consent; or

(d) If the tenant is absent from the premises for a period of time equal to one-half the time for periodic rental payments. If the rent is current and the tenant notifies the landlord of an intended absence, then the landlord may enter only with the consent of the tenant or for the protection or preservation of the premises.

(3) The landlord shall not abuse the right of access nor use it to harass the tenant.

Source: 83.53 Landlord’s access to dwelling unit.

About the author

Chris Christo owns a property maintenance company and writes for Rentce on all rental maintenance topics.
He is also a rehabber and a landlord.
When he doesn’t work on properties or writes about properties, he can be found fishing.