What Florida Landlords Must Maintain, and When It Matters After an Injury

Tenants and their guests are hurt every year by broken stairs, failed lighting, collapsing railings, and dangerous common areas. Florida's Residential Landlord and Tenant Act sets out what a landlord must maintain. Knowing those duties helps explain who may be responsible after an injury at a rental property.

The Core Duty: Codes, or Structural Repair

Under section 83.51(1), Florida Statutes, the landlord "at all times during the tenancy" must:

• "Comply with the requirements of applicable building, housing, and health codes"; or
• Where there are no applicable 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."

For a single-family home or duplex, these obligations "may be altered or modified in writing." That is why the lease matters in house and duplex rentals.

Apartments and Other Multi-Unit Buildings

For dwelling units other than a single-family home or duplex, section 83.51(2)(a) adds that, "unless otherwise agreed in writing," the landlord must make reasonable provisions for:

• Extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs
• Locks and keys
• "The clean and safe condition of common areas"
• Garbage removal and outside receptacles
• Functioning facilities for heat during winter, running water, and hot water

Common areas, such as stairwells, hallways, walkways, laundry rooms, and parking areas, are where many apartment injuries happen. For single-family homes and duplexes, section 83.51(2)(b) requires working smoke detection devices at the start of the tenancy, unless otherwise agreed in writing.

Conditions the Tenant Caused

Section 83.51(4) provides that 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."

How Section 83.51 Relates to an Injury Claim

Section 83.51 sets maintenance duties within the landlord-tenant relationship. An injury claim against a landlord is usually framed as a negligence claim, and the facts matter: who controlled the area, whether the landlord knew or should have known about the condition, and whether it was reported. Code requirements and the duties in section 83.51 can be important evidence of what the landlord was supposed to do. Repair requests, emails, texts, and maintenance portal tickets are often the most important documents in these cases.

Crime at Apartment Complexes

If the injury was caused by a criminal act on an apartment property, a separate 2023 law gives owners of properties with at least five units a presumption against liability if they substantially implement specific security measures. See negligent security at Miami apartments after 2023.

Guests and Visitors

Guests visiting a tenant are not parties to the lease, but they may still have premises liability claims against whoever controlled the area where they were hurt. See how Florida classifies visitors. For dog bites at rentals, see Florida's dog bite statute.

What to Do After an Injury at a Rental

• Photograph the condition and the surrounding area right away.
• Save every repair request and communication with the landlord or management company.
• Get names of neighbors who saw the condition or made complaints.
• Report the injury in writing to the landlord or property manager.

How Your Case Is Referred

Your case will be referred to another lawyer. Recalde Law Firm, P.A. does not litigate premises injury cases. Rafael Recalde reviews what happened and, if the matter appears to have merit, refers it to another Florida lawyer or law firm that handles premises liability cases.

You will know which firm will handle your case before you sign anything. Under Rule 4-1.5 of the Rules Regulating The Florida Bar, a fee can be divided between firms only with your written consent, in a written contract signed by you and by each participating firm, and each firm accepts joint legal responsibility for your representation. You are always free to choose a different lawyer.

Frequently Asked Questions

Q: What must a Florida landlord maintain?

Under section 83.51(1), Florida Statutes, a landlord must comply with applicable building, housing, and health codes, or, where there are none, keep structural components in good repair and plumbing in reasonable working condition.

Q: Is a Florida apartment landlord responsible for common areas?

For buildings other than single-family homes and duplexes, section 83.51(2)(a)3. requires the landlord, unless otherwise agreed in writing, to make reasonable provisions for the clean and safe condition of common areas.

Q: Can a lease change a Florida landlord's maintenance duties?

For single-family homes and duplexes, the section 83.51(1) obligations may be altered or modified in writing. The additional duties in section 83.51(2) apply unless otherwise agreed in writing.

Q: Is a landlord responsible for conditions a tenant caused?

Under section 83.51(4), the landlord is not responsible to the tenant under that section for conditions caused by the negligent or wrongful act of the tenant, the tenant's family, or others there with the tenant's consent.

Sources

• Section 83.51, Florida Statutes (2026) — landlord's obligation to maintain premises
• Section 768.0706, Florida Statutes (2026) — multifamily residential property security

This article explains general Florida law as of October 9, 2026. It is not legal advice about your situation.