due a tenant who wrongfully terminates his or her tenancy prior to the end of the rental term.
History.--s. 1, ch. 69-282; s. 3, ch. 70-360; s. 1, ch. 72-19; s. 1, ch. 72-43; s. 5, ch. 73-330; s. 1, ch. 74-93; s. 3, ch. 74-146; ss. 1, 2, ch. 75-133; s. 1, ch.
76-15; s. 1, ch. 77-445; s. 20, ch. 79-400; s. 21, ch. 82-66; s. 5, ch. 83-151; s. 13, ch. 83-217; s. 3, ch. 87-195; s. 1, ch. 87-369; s. 3, ch. 88-379; s. 2, ch.
93-255; s. 5, ch. 94-218; s. 1372, ch. 95-147; s. 1, ch. 96-146; s. 1, ch. 2001-179; s. 53, ch. 2003-164.
Note.--Former s. 83.261.
83.50 Disclosure.
(1) The landlord, or a person authorized to enter into a rental agreement on the landlord's behalf, shall disclose in writing
to the tenant, at or before the commencement of the tenancy, the name and address of the landlord or a person
authorized to receive notices and demands in the landlord's behalf. The person so authorized to receive notices and
demands retains authority until the tenant is notified otherwise. All notices of such names and addresses or changes
thereto shall be delivered to the tenant's residence or, if specified in writing by the tenant, to any other address.
(2)
The landl
ord or the landlord's authorized representative, upon completion of construction of a building exceeding
three stories in height and containing dwelling units, shall disclose to the tenants initially moving into the building the
availability or lack of availability of fire protection.
History.--s. 2, ch. 73-330; s. 443, ch. 95-147.
83.51 Landlord's obligation to maintain premises.
(1) The landlord at all times during the tenancy shall:
(a)
Comply with the requ
irements of applicable building, housing, and health codes; or
(b)
Wher
e there are no applicable building, housing, or health codes, 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. However, the landlord shall not be 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, roa
ches, 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 pursuant to this subparagraph.
2. Locks and keys.
3. The clean and safe condition of common areas.
4.
Garbage removal and o
utside receptacles therefor.
5.
Functioning
facilities for heat during winter, running water, and hot water.
(b)
Unless ot
herwise 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 aut
horizes 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 landl
ord 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.
83.52 Tenant's obligation to maintain dwelling unit. The tenant at all times during the tenancy shall:
(1) Comply with all obligations imposed upon tenants by applicable provisions of building, housing, and health codes.
(2)
Keep that part of the premise
s which he or she occupies and uses clean and sanitary.
(3)
Remove fr
om the tenant's dwelling unit all garbage in a clean and sanitary manner.
(4)
Keep all plumbin
g fixtures in the dwelling unit or used by the tenant clean and sanitary and in repair.
(5)
Use and
operate in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and
other facilities and appliances, including elevators.
Page 5 of 11 of the Attachment to the Residential Lease for Apartment or Unit in Multi-Family Rental Housing (other than a
Duplex) Including a Mobile Home, Condominium, or Cooperative
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