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Florida Tenant Laws & Safety Concerns

    Hazardous Materials Disclosures

    • Landlords in the state of Florida are required to provide potential tenants with disclosures of the presence of hazardous materials in dwellings. Lead paint disclosures are required for all dwellings built before January 1, 1978. The presence of undisturbed asbestos must be disclosed to the tenant regardless of the year of construction and the amount of asbestos present in the building. The Environmental Protection Agency requires that tenants receive notice 60 days prior to any renovations conducted on buildings where hazardous materials are present.

    Landlord Liability Laws

    • According to the Florida Landlord/Tenant Law, landlords are responsible for the maintenance of rental property to the extent that the building, its utilities and surrounding grounds meet all state and local ordinances for safety and proper performance. A landlord can also be held liable for any injuries a tenant suffers as the result of improperly maintained property. For example, if a tenant breaks his ankle on a broken step that the landlord has failed to repair, the landlord can be held liable for the tenant's medical expenses.

    Tenant's Right to Enjoyable Living

    • As a tenant in Florida, you have a legal right to an enjoyable living environment regardless of where your rental property is located. This right to enjoyable living can limit the behavior of those living around you if the behavior infringes on your rights. For example, the Florida court recognizes that second-hand smoke can infringe on your right to a safe and healthy living environment. According to the American Bar Association, in 2005 a Florida court awarded $1,000 in damages to a tenant who alleged that a neighbor's smoking constituted trespassing and infringed on his right to a happy and healthy living environment.



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