I was told They had to paint either every five years or 7 years but I cannot find the statute in Florida that state specifically the timeframe
Some landlords used cheap paint and others use high-end expensive paint like Sherwin Williams does that make a difference?
If There is a set amount of years can you please send me the statute number
The landlord's responsibilities are covered under Chapter 83 of the Florida Statutes. The statute specifically addresses exterior walls. Interior wall painting can be based on different obligations. Sometimes it is based on the condition you accept the premises in. You may also want to refer to your rental agreement to see if the issue is specifically addressed. Each county may also have a housing code which sets guidelines which could be based on either condition or time. You should contact an attorney in your area who deals with landlord tenant issues.
Not sure who told you that, but it likely wasn't a lawyer, and so he or she CERTAINLY shouldn't be giving legal advice (it can be a CRIME in this state to do so).
In any event, no, sorry, that is not AT ALL correct, you were told WRONG. The Landlords obligations are set out in your Lease, and in Section 83.51 Florida Statutes (set out below). And if you live in a community with CCRs, run by an Association, IT may have some such rule.
Hope this helps.
83.51 Landlord’s obligation to maintain premises.—
(1) The landlord at all times during the tenancy shall:
(a) Comply with the requirements of applicable building, housing, and health codes; or
(b) Where there are no applicable building, housing, or health codes, maintain 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. The landlord, at commencement of the tenancy, must ensure that screens are installed in a reasonable condition. Thereafter, the landlord must repair damage to screens once annually, when necessary, until termination of the rental agreement.
The landlord is not required to maintain a mobile home or other structure owned by the tenant. The landlord’s obligations under this subsection may be altered or modified in writing with respect to a single-family home or duplex.
(2)(a) Unless otherwise agreed in writing, in addition to the requirements of subsection (1), the landlord of a dwelling unit other than a single-family home or duplex shall, at all times during the tenancy, make reasonable provisions for:
1. The extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs. When vacation of the premises is required for such extermination, the landlord is not liable for damages but shall abate the rent. The tenant must temporarily vacate the premises for a period of time not to exceed 4 days, on 7 days’ written notice, if necessary, for extermination pursuant to this subparagraph.
2. Locks and keys.
3. The clean and safe condition of common areas.
4. Garbage removal and outside receptacles therefor.
5. Functioning facilities for heat during winter, running water, and hot water.
(b) Unless otherwise agreed in writing, at the commencement of the tenancy of a single-family home or duplex, the landlord shall install working smoke detection devices. As used in this paragraph, the term “smoke detection device” means an electrical or battery-operated device which detects visible or invisible particles of combustion and which is listed by Underwriters Laboratories, Inc., Factory Mutual Laboratories, Inc., or any other nationally recognized testing laboratory using nationally accepted testing standards.
(c) Nothing in this part authorizes the tenant to raise a noncompliance by the landlord with this subsection as a defense to an action for possession under s. 83.59.
(d) This subsection shall not apply to a mobile home owned by a tenant.
(e) Nothing contained in this subsection prohibits the landlord from providing in the rental agreement that the tenant is obligated to pay costs or charges for garbage removal, water, fuel, or utilities.
(3) If the duty imposed by subsection (1) is the same or greater than any duty imposed by subsection (2), the landlord’s duty is determined by subsection (1).
(4) The landlord is not responsible to the tenant under this section for conditions created or caused by the negligent or wrongful act or omission of the tenant, a member of the tenant’s family, or other person on the premises with the tenant’s consent.
History.—s. 2, ch. 73-330; s. 22, ch. 82-66; s. 4, ch. 87-195; s. 1, ch. 90-133; s. 3, ch. 93-255; s. 444, ch. 95-147; s. 8, ch. 97-95; s. 6, ch. 2013-136.
This communication is not intended in any way to establish an attorney-client relationship, nor provide legal advice; it is submitted by its author simply as a general comment on the facts contained in the Question posed. NOTE: This attorney contributor is NOT actively seeking new clients.
There is no such law/statute and whoever told you that is engaging in the unlicensed practice of law. It is a bit different than painting your own house, tenants are people landlord doesnt know moving furniture in and out as soon as every year dinging the walls, hang up photos and items putting holes in, and have kids and pets etc. 5 to 7 years in a rental property is probably on the VERY high side of the average, but by no means is there any set time other than when it doesnt look good.
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