What is a landlord's duty to provide safe housing?

In Florida, a landlord’s duty to provide safe housing is known as the implied warranty of habitability. This means a landlord must ensure the rental housing is fit to live in, and must perform necessary repairs in a reasonable amount of time. The landlord must keep the premises free from dangerous conditions, such as fire hazards, lack of hot water, lack of working locks or broken windows, not to mention any health hazards or vermin. The landlord must also make sure the rental housing complies with all applicable laws and building codes. In addition, a landlord must maintain the common areas of the property in a safe and secure manner and must provide a smoke detector in each unit. The landlord must also keep all appliances in working order and may not enter a tenant’s unit without the tenant’s permission. It’s important to note that should the landlord fail to meet these obligations, the tenant has the right to take legal action, such as filing a lawsuit for damages or initiating a rent escrow process. In a rent escrow process, the tenant can stop paying rent and hold those funds aside until the landlord makes all necessary repairs. Ultimately, a landlord’s duty to provide safe housing protects tenants from living in unhealthy, unsafe, or otherwise dangerous rental conditions.

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