Does my landlord have to provide air and heat in florida

Asked about 1 year ago - Live Oak, FL

my air went out and land lord will not fix it

Attorney answers (2)

  1. Romy B Jurado

    Contributor Level 10

    1

    Lawyer agrees

    Answered . In Florida your landlord has to provide heat. Whether or not your landlord has to provide AC will depend on your lease agreement.

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  2. Edward J. Fucillo

    Contributor Level 17

    Answered . Not enough information has been provided to answer your question. The answer to your question is that your landlord might possibly have a duty to provide heat, but it depends on what type of property you are renting and the specific terms of your lease agreement. In Florida, there is no statutory duty to provide air conditioning, therefore, the answer will depend solely on the terms of your lease agreement.

    Florida Statute 83.51, (a) outlines what obligations a landlord has to maintain a rental property. These obligations include complying with all applicable building, housing and health codes, OR under subsection (b), where there are no applicable codes other duties apply such as to maintain the roof, windows, walls, structural components, etc.

    Under 83.51 (2) (a), additional requirements exist for the landlord to provide for extermination, locks & keys, garbage removal and FUNCTIONING HEAT, and hot water, but these additional duties do not apply to single-family homes or duplexes.

    Under 83.51 (3), if the duties created under (1) are greater than the duties under (2) , then (1) applies, however, all of these duties can be modified by a written agreement.

    In other words, the answer to your question lies in what type of property you are renting, and what you and your landlord contractually agreed to in your lease. If you are renting a single family house or duplex, and your landlord did not agree to provide for heat, then under 83.51, he or she is not required to do so.

    Unfortunately, there is a lot of confusion (even amongst attorneys) about what duties exist for landlords. If you have any doubt as to what your lease states, I recommend you consult with a local attorney who specifically practices in landlord/tenant law.

    The hiring of an attorney is an important decision that should not be based solely upon advertisements. Before you... more

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