The law of habitability and residential property

MIAMI, FL- The law of habitability primarily protects renters of residential property. It is what makes maintenance of the property the responsibility of the landlord, who must comply with local building and health codes that, in aggregate, define habitability. The failure to keep a property in a habitable condition gives the renter the right to terminate the rental agreement or withhold rent from the landlord until the condition is remedied.

In some states the law of habitability is implied, meaning that it is determined by the applicable case law of the state. However, in Florida, the Landlord and Tenant Act (Florida Statutes §83.51, §83.54, §83.56 deals specifically with this.

Some highlights of the law of habitability in Florida are:

The landlord must comply the law of habitability with all building, housing, and health codes. Where there are no such city or county codes, the landlord must maintain the roofs, windows, screens, 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.

In addition, landlords of buildings of two units or more must make reasonable provisions for the following:

• The roof must not leak
• The walls must be weather-tight, and in good repair.
• The stairs must be safe for normal use and maintained in good repair.
• Windows and doors must be basically weather-tight, water-tight, rodent-proof, and kept in sound working condition. Outside doors have to have proper locks.
• Window panes cannot have cracks and holes. Outside windows must have screens.
• Inside floors, walls, ceilings must be basically rodent-proof and kept in sound condition and good repair, and should be safe.
• The house or apartment must have hot water, which is connected to the kitchen and bathroom sinks, tub or shower.
• All houses or apartments must have a flush toilet in good working condition.
• When cooking and heating equipment are provided by the landlord, they must be safely installed and in good working order.
• There must be adequate garbage disposal facilities or garbage storage containers.
• Every habitable room must have at least two separate floor or wall electric outlets and, additionally, every kitchen, bedroom, bathroom and hallway must have a ceiling or wall-type fixture, or an outlet controlled by a wall switch near the entrance to the room.
• All electrical systems must be in good repair and good working order.
• The extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs. When vacation of the premises is required for such extermination, the landlord shall not be liable for damages but shall abate the rent. The tenant shall be required to temporarily vacate the premises for a period of time not to exceed 4 days, on 7 days’ written notice, if necessary, for extermination.
• 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.

Remedies if the Landlord does not comply:

If your landlord has failed to comply with the previous listed code responsibilities, and has ignored your request to undo their unlawful action, you can contact The Code Enforcement Branch of city or county in which you reside and request that they contact your landlord and explain that their action is illegal and  violates your local code.

If your landlord fails to do what the law or lease requires, you may be able to  withhold the rent. You must give written notice of your intention by certified mail at least seven days before the rent is due to allow time for the landlord to remedy the problem. If the problem is not corrected within seven days and you withhold the rent the landlord may take you to court to collect it. You must them pay the rent into the court registry pending the judges determination of the case.

Tenant may also enforce the landlord’s obligations by filing a civil suit for damages.

It is advisable to contact your attorney when you get to the point of sending written notice to your landlord or as soon as you are involved in any court action.  He can interpret for you the terms of your lease and the nuances of the statutes that govern these problems.

Under Florida law, you cannot do the repairs yourself and then deduct that cost from your rent. If your landlord authorizes it, get it in writing.

You can do a rent withholding so that you are protected by the law by taking the following steps:

1. Make a written complaint to your local city or county enforcement office.

2. Make a list of all the things which are wrong with your rental unit and violate
the local code (for example, plumbing not working, roof leaks, etc.).

3. Write the landlord this letter:

Date

Dear (name of landlord):

Pursuant with Florida Statutes, Section 83.60, I am notifying you of your material non-compliance with Florida Statutes, Section 83.51(1), and the
(insert the name of your local code).

Unless the listed repairs are made within 7 days of delivery of this notice, I will not pay rent, because of your failure to maintain the premises.

List all things that are wrong

Sign you name ___________________
Print your name and address.

4. Mail or deliver this letter to your landlord at least seven days before the next rent is due. It is recommended that this letter be sent certified mail,
return receipt requested. This is an extra protection for you in the event the landlord denies he ever knew about the material non-compliance.
KEEP A COPY OF THE LETTER.

5. You must save the rent as it becomes due. Do not spend it, because, if the  landlord fixes the house or apartment, you must pay him at least a portion of the rent, and, if he tries to evict you, you must deposit all of the money you have saved with the court until the eviction case is over.

Know your Rights: LANDLORDS CAN’T JUST THROW YOU OUT!

Only a judge can order you evicted, and only the Sheriff can put you out of your  home!

Florida law does not allow a landlord to force a tenant out by:

1. Shutting off the utilities or interrupting service, even if the service is in the
landlord’s name.
2. Changing the locks or using a device that denies the tenant access.
3. Removing the outside doors, locks, roof, walls or windows (except for
purposes of maintenance, repair or replacement).
4. Removing the tenant’s personal property from the dwelling unit unless
action is taken after surrender, abandonment or a lawful eviction.

A landlord may not evict a tenant solely in retaliation for the tenant  complaining to a governmental agency about a code violation, joining or establishing a tenant’s “union” or similar organization, or asserting other tenant rights.

If any of these occur, the tenant may sue for actual and consequential damages or three month’s rent, whichever is greater, plus court costs and attorney’s fees.

_Our firm handles legal matters related to Real Estate. If you find that you are in need of legal representation to assist you with dealing with these issues or any other real estate transaction, please give us a call.