Becoming a landlord has its own charms. That extra monthly income can help pay for the mortgage and cover a few additional expenses. However, becoming a landlord comes with its own set of responsibilities and legal obligations. You may be required to pay for certain costs if found legally responsible for the cost as per landlord liability. Here is all you need to know about Florida law on landlord liability.
A landlord may face a claim for bodily injury or property damage at a rental property. Liability and recoverable damages depend on the facts and applicable law. Florida Statutes section 83.55 addresses damages caused by noncompliance with the rental agreement or the residential tenancy statute. Attorney fees are not automatic in every injury claim: section 83.48 expressly excludes fees under that section for personal-injury claims based on a breach of section 83.51.
Landlord’s Responsibilities as Per Florida Law
These summaries of section 83.51 have exceptions, including permitted written modifications for single-family homes or duplexes and conditions caused by negligent or wrongful acts or omissions of the tenant, the tenant’s family, or people on the premises with the tenant’s consent. Applicable codes may impose additional duties.
- Follow applicable building, housing and health codes.
- Where those codes do not apply, maintain the structural components specified in section 83.51 against normal forces and loads, and keep plumbing reasonably operable.
- For rentals other than single-family homes or duplexes, make reasonable provision for locks and keys, unless otherwise agreed in writing.
- For single-family homes and duplexes, provide working smoke detectors at tenancy commencement unless otherwise agreed in writing.
- For rentals other than single-family homes or duplexes, make reasonable provisions for clean, safe common areas unless otherwise agreed in writing.
- Provide screens in reasonable condition initially; repair screen damage annually when necessary.
Common Landlord Liability Claims
- Dog Bites – Florida Statutes section 767.04 addresses a dog owner’s liability, subject to its conditions and exceptions, and preserves other statutory or common-law remedies. It does not make every dog-related claim solely the dog owner’s responsibility. Obtain legal advice about any claim involving a tenant’s dog.
- Security Issues – Security duties depend on the property and circumstances. Florida Statutes section 768.0706 provides a conditional presumption against liability for certain third-party criminal acts by people who are not the owner’s or operator’s employees or agents, for qualifying multifamily properties that substantially implement specified security measures, assessments and employee training. That provision does not establish a universal requirement to hire security guards.
- Slips and Falls – there are multiple cases where a landlord was found responsible for slips and falls. Here, a landlord is not responsible for the damage unless the plaintiff can prove that the accident occurred due to negligence on the owner’s part. These can include structural collapses because of weakened structure, improper window screening leading to falls, and if the property is not compliant with building codes, etc.
How Can You Avoid Landlord Liability?
Liability insurance may help pay for a defense and covered claims, subject to the policy’s terms, limits and exclusions. It does not eliminate all out-of-pocket costs or the landlord’s maintenance and safety duties. Review the NAIC’s business liability insurance guidance and discuss appropriate coverage with a licensed insurance professional. The landlord can take certain lines of defense to plead they are not responsible for the damages as well. For more information on Florida law on landlord liability, reach out to an expert such as a lawyer or your property manager.
