HB 1485 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to a landlord's obligation to maintain 2
residential premises; amending s. 83.51, F.S.; 3
requiring certain landlords to provide functioning 4
facilities for air-conditioning; requiring certain 5
state or local agencies to provide a landlord with 6
written notice of certain deficiencies within a 7
dwelling unit or its premises; requiring such agency 8
to provide a certain written notice to certain tenant s 9
upon request; requiring the landlord to provide a 10
tenant with written notice of certain deficiencies; 11
requiring a landlord to bring certain deficiencies 12
into compliance with code within a specified time; 13
providing that a tenant is entitled to withhold re nt 14
until such deficiency is brought into compliance with 15
code; providing that a tenant is liable for a certain 16
amount of rent for a specified period after the 17
deficiency is brought into compliance; providing that 18
rent is suspended and a tenant is not liabl e for 19
certain rent if the agency requires a tenant to vacate 20
the premises or dwelling unit until certain 21
deficiencies are brought into compliance with code; 22
providing that a landlord is liable for a certain 23
percentage of a tenant's expenses to vacate the 24
premises or dwelling unit for a certain period of 25
HB 1485 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
time; providing that rent is suspended and that a 26
tenant is liable for a certain amount of rent for a 27
specified period after the deficiency is brought into 28
compliance; specifying how the date of compliance i s 29
determined, which must be confirmed by the agency, and 30
if it is not confirmed the tenant's rent remains 31
discounted; authorizing a tenant to provide written 32
notice to the landlord within a specified time that 33
includes quotes in order to complete or contra ct to 34
complete repairs and maintenance under certain 35
circumstances; authorizing a tenant to withhold rent, 36
after providing written notice to the landlord, until 37
the landlord takes certain actions; specifying methods 38
of providing written notice; providing a n effective 39
date. 40
41
Be It Enacted by the Legislature of the State of Florida: 42
43
Section 1. Paragraph (a) of subsection (2) of section 44
83.51, Florida Statutes, is amended, and subsections (5), (6), 45
and (7) are added to that section, to read: 46
83.51 Landlord's obligation to maintain premises. — 47
(2)(a) Unless otherwise agreed in writing, in addition to 48
the requirements of subsection (1), the landlord of a dwelling 49
unit other than a single -family home or duplex shall, at all 50
HB 1485 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
times during the tenancy, ma ke reasonable provisions for: 51
1. The extermination of rats, mice, roaches, ants, wood -52
destroying organisms, and bedbugs. When vacation of the premises 53
is required for such extermination, the landlord is not liable 54
for damages but shall abate the rent. Th e tenant must 55
temporarily vacate the premises for a period of time not to 56
exceed 4 days, on 7 days' written notice, if necessary, for 57
extermination pursuant to this subparagraph. 58
2. Locks and keys. 59
3. The clean and safe condition of common areas. 60
4. Garbage removal and outside receptacles therefor. 61
5. Functioning facilities for air-conditioning, heat 62
during winter, running water, and hot water. 63
(5) If the state or local agency responsible for making 64
inspections or enforcing the codes within its ju risdiction finds 65
that a dwelling unit or the premises are not in compliance with 66
applicable building, housing, or health codes as required under 67
paragraph (1)(a), the agency must provide to the landlord 68
written notice identifying the deficiencies. Upon req uest by a 69
tenant who has executed a written rental agreement for a term of 70
45 days or longer or a tenant whose tenancy is month to month 71
after the expiration of a rental agreement that was for a term 72
of at least 1 year, the agency must provide to the tenan t a 73
written notice identifying the deficiencies that affect the 74
habitability of the dwelling unit or premises that he or she 75
HB 1485 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
occupies. 76
(a) After receipt of a notice from the appropriate state 77
or local agency, the landlord must provide written notice to t he 78
tenant of any deficiencies identified in the notice. If a 79
deficiency does not pose an immediate threat to the safety and 80
welfare of the tenant, the landlord has 30 days after receipt of 81
the notice from the agency to bring the deficiency into 82
compliance with the applicable code. Notwithstanding any 83
provision in the rental agreement to the contrary, if the 84
deficiency is not brought into compliance within that time, rent 85
is automatically suspended and the tenant is not liable for any 86
future rent or charges until the landlord brings the deficiency 87
into compliance with code. However, after the landlord has 88
brought the deficiency into compliance with code, as determined 89
by the agency that issued the violation, the tenant becomes 90
liable for up to 50 percent of t he rent that was due during the 91
period of time when the landlord was correcting the deficiency. 92
(b) If the appropriate state or local agency determines 93
that the deficiency poses an immediate threat to the tenant's 94
safety and welfare, the agency must stat e so in the written 95
notice to the landlord. After receipt of the notice, the 96
landlord must provide written notice to the tenant of the 97
deficiency. 98
1. If the agency determines that the tenant must vacate 99
the premises or dwelling unit because of the defici ency, the 100
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tenant's rent is suspended and the tenant is not liable for 101
future rent or charges until the deficiency is brought into 102
compliance with code, as determined by the agency that issued 103
the notice to vacate. The landlord is liable for up to 50 104
percent of the cost incurred, including moving expenses and rent 105
to secure a new dwelling unit, by the tenant to vacate the 106
premises or dwelling unit until the date that the deficiency is 107
brought into compliance or the expiration of the rental 108
agreement, whichever is earlier. 109
2. If the agency determines that the tenant does not need 110
to vacate the premises or dwelling unit because of the 111
deficiency, rent is automatically suspended and after the 112
landlord has brought the deficiency into compliance with code, 113
as determined by the agency that issued the violation, the 114
tenant is liable for up to 25 percent of the rent that was due 115
during the period of time when the landlord was correcting the 116
deficiency. 117
(c) For purposes of this subsection, the date of 118
compliance begins on the date that the tenant receives written 119
notice by the landlord that the deficiency is corrected, which 120
must be confirmed by the agency. If the agency determines that 121
the deficiency has not been corrected, then the tenant only 122
remains liable for the amount of the discounted rent until the 123
agency confirms that the deficiency is corrected. 124
(6) If the premises or dwelling unit is in need of repair 125
HB 1485 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
or maintenance for which the landlord is responsible under this 126
section and the landlord has faile d or refused to make such 127
repairs or maintenance, the tenant may provide written notice to 128
the landlord within 15 days after the tenant is aware of the 129
problem and include quotes to complete such repairs or 130
maintenance. Upon providing such written notice t o the landlord, 131
the tenant may withhold payment of rent for the next rental 132
period and thereafter until the landlord: 133
(a) Completes the repairs or maintenance needed and 134
required, if necessary. 135
(b) Reimburses the tenant for any expenses the tenant 136
spent completing or contracting to complete the repairs or 137
maintenance. 138
(7) For purposes of this section, written notice may be 139
provided by certified mail, return receipt requested, or in the 140
form of communication most regularly used by the parties, 141
including, but not limited to, e -mail, facsimile, or messages 142
delivered via text message or some other messaging application. 143
Section 2. This act shall take effect July 1, 2022. 144