Florida/Georgia Personal Injury & Workers Compensation

...to maintain the doors, locks, keys, and common areas of the apartment building in a reasonably safe condition, including minimal measures to secure the area against foreseeable criminal misconduct against plaintiff, a single woman living alone; that section 83.51, Florida Statutes (1981), in effect at the time the lease was made, required that defendants provide locks and keys for the doors of the building and otherwise maintain the common areas in a clean and safe condition, that the statute wa...

...dequate measures to lock and secure the vacant living unit downstairs, which afforded access to the interior common areas and to plaintiff's apartment by trespassers and others intent on harming plaintiff; (d) violating the statutory duty imposed by section 83.51, Florida Statutes (1981), which requires that reasonable provisions be made for locks and keys and for the safe condition of all common areas of the building; (e) failing to exercise reasonable care to correct the dangerous and defectiv...

...With only a few changes, the recommended act became chapter 73-330. It is clear that the Florida Residential and Landlord-Tenant Act imposes definite obligations upon the landlord which continue throughout the term of the lease and which did not exist under the common law. Section 83.51 specifies the extent of the landlord's statutory obligation to maintain the leased premises and specifically requires, in subsection (2)(a), that the "landlord of a dwelling unit ......

...[5] *1217 To state a cause of action in negligence, it should be alleged and proved that the landlord had actual or constructive knowledge of the violation said to be creating a dangerous condition for sufficient time to have it remedied. Firth v. Marhoefer, 406 So.2d 521 (Fla. 4th DCA 1981). Section 83.51 plainly imposes a continuing obligation on the landlord to provide the leased premises "with locks and keys" in the leased areas and the common areas, and to maintain the common areas of the premises in a "safe condition." [6] Without d...

...[Citation omitted.] Finally, there is the type of harm that has so frequently resulted from the same type of negligence that `in the field of human experience the same type of result may be expected again.' [Citation omitted.] It cannot be said that the particular provisions of section 83.51 relied on in this case specify the type harm for which a tort feasor is liable....

...The entire complaint sounds in tort, not contract, and no attempt has been made to separate any allegations of breach of implied contract into separate counts or paragraphs. Rule 1.110(f), Fla.R. of Civ.P. Although the statutory obligations created by section 83.51 are by implication a part of the landlord's duties under the lease agreement, see Frizzell v....

...The cases cited in the Council's report as authority for the implied warranty of habitability theory spoke in terms of consequential damages, some in tort, so it may logically be assumed that the statutory damages provision was not intended to be limited to contract damages. [5] Appellant argues that the violation of section 83.51(2)(a)2 and 3 constitutes negligence per se under the test in De Jesus v....

...n Shop v. Klein, 116 So.2d 421 (Fla. 1959); nor is it a penal statute designed to protect a particular class of persons from a particular injury or type of injury, as was the statute in De Jesus, since no criminal penalties are imposed for violating section 83.51. See Trentacost v. Brussel, 82 N.J. 214, 412 A.2d 436, 443-45 (1980). [6] Appellees argue that section 83.51 does not require the landlord to provide "locks and keys" for outside entrances to the building or the upstairs hallway bathroom door because these areas are not a part of the "dwelling unit." We disagree....

...cause injuries caused by the criminal acts of third parties were foreseeable. Additionally, the complaint alleged that Palms West had breached the lease agreement by failing to make necessary repairs to the premises, and that Palms West had violated section 83.51(2)(a), Florida Statutes, by failing to maintain safe conditions in the common areas of the complex....

...It is true, as the plaintiffs argue, that a landlord's duty to protect the tenant can be based on the requirements of a statute. For example, in Paterson, the tenant alleged that the landlord had failed to provide a working lock on the exterior bathroom to her apartment, in violation of section 83.51, Florida Statutes....

...he lease contained no provision that either expressly or by implication required the installation of a doorscope. Nor can Palms West be liable on the theory that it failed to maintain safe conditions in the common areas of the complex as required by section 83.51(2)(a), Florida Statutes....

...ble care to repair dangerous defective conditions upon notice of their existence by the tenant, unless waived by the tenant. This latter duty corresponds to the statutory warranty of habitability noted by Judge Ervin in his concurring opinion below. § 83.51(1), Fla....

...pliance with the notice requirement of Florida Statute Section 83.56(1). Both arguments, however, are without merit. First, Florida has adopted an implied warranty of habitability which places an affirmative duty of repair on the landlord. Fla.Stat. § 83.51 (1991)....

...onable care to guard against a foreseeable danger. Manassa v. New Hampshire Insurance Company, 332 So.2d 34 (Fla. 1st DCA 1976). Since both the hallway and patio were provided for the common use and benefit of the tenants, appellees were required by Section 83.51(2)(a)3, F.S....

...ERVIN, J., specially concurs with opinion. ERVIN, Judge, specially concurring. While I agree without reservation that a jury question was raised as to whether Mrs. Bennett's injuries were caused by the negligence of the landlord, my concurrence is based primarily upon Section 83.51(2)(a), placing the burden upon a landlord to make reasonable provisions for the clean and safe condition of common areas....

...Although Cassel, supra, also involves a child injured by falling from a tree, that case is not relevant here because we can, and do, rule as a matter of law that broken glass known to be on the ground where young children are known to play, constitutes a dangerous condition. We also hold that section 83.51(2)(a)3., Florida Statutes, which states that a landlord has a duty to keep common areas in safe condition, is not particularly relevant here because that statute merely restates the landlord's common law duty as it would exist in the absence of a statute....

...The plaintiff, who was four years of age at the time of the accident, was visiting his aunt who was a tenant of the appellee landlord. After climbing a tree, the plaintiff either jumped or was pushed from the tree, causing him to fall on broken glass beneath the tree. Section 83.51(2)(a) provides: (2)(a) Unless otherwise agreed in writing, in addition to the requirements of subsection (1), the landlord of a dwelling unit other than a single-family home or duplex shall, at all times during the tenancy, make reasonable provisions for: * * * * * * 3....

...Tripp, 576 So.2d 404 (Fla. 2d DCA 1991) (statutory violation making it unlawful to knowingly transmit a sexually transmissible disease); Bennett M. Lifter, Inc. v. Varnado, 480 So.2d 1336 (Fla. 3d DCA 1985) (violation of residential Landlord Tenant Act, F.S. 83.51 (1983)); Walt Disney World Co....

...This instruction, reflecting a greater duty by landlord to tenant on leased residential premises, was derived from Mansur v. Eubanks, 401 So.2d 1328 (Fla.1981), overruling to that extent Brooks v. Peters, 157 Fla. 141, 25 So.2d 205 (1946). See also F.S. 83.51 (1981), which may impose on the landlord greater duties, in respect to conditions arising after a tenant's possession, than were addressed in Mansur....

...landlord's duty to the tenant. Mansur v. Eubanks, 401 So.2d 1328 (Fla.1981). 4. Waiver. The committee expresses no opinion about whether a tenant may waive duties owed him by the landlord. Compare Mansur v. Eubanks, 401 So.2d 1328 (Fla.1981), with F.S. 83.51(1)(b), 83.51(4), and 83.47 (1981)....

..." While Mansur addressed a condition which was both defective and dangerous, it did not purport to exonerate the landlord from responsibility for faulty injury-producing conditions which are not inherently dangerous. The duty, noted the court, corresponds to the statutory warranty of habitability, found in section 83.51, Florida Statutes (1983), which requires a landlord to provide hot running water....

...concealed perils which are or should be known to the property owner, and which are unknown to the invitee and cannot be discovered by him through the exercise of due care. Id. at 739. By statute, those duties apply to a property's common areas. See § 83.51(2)(a)3., Fla....

...e consumer to recover against a food manufacturer); West v. Caterpillar Tractor Co., Inc., 336 So.2d 80 (Fla. 1976) (adoption of strict liability in products liability cases). [11] Florida has by statute adopted the implied warranty of habitability, § 83.51(1), Fla....

...in which the tenant makes his home. In providing the tenant with this right, the statute does nothing different in principle from its provisions defining the rights and obligations of landlord and tenant. See Ch. 83, Fla. Stat. (1983). For example, section 83.51 requires the landlord, unless otherwise provided by a written lease, to provide dwelling units with running water....

...It is so ordered. SHAW, C.J., and OVERTON, McDONALD, BARKETT, GRIMES and KOGAN, JJ., concur. NOTES [1] It appears this testimony was proffered at the hearing on the motion for summary judgment. [2] Although Fitzgerald urges liability for failure to comply with section 83.51(1)(a), Florida Statutes (1983), which requires a landlord to maintain leased premises in compliance with the requirements of the applicable building code, this claim was not raised in the amended complaint or urged to the trial court and therefore will not be addressed by this Court....

...It is further agreed that the LANDLORD will make all necessary repairs to said property except repairs necessary to be made caused by the acts or neglect of the TENANT. Second, the tenants alleged that HUD violated Florida landlord-tenant law, Fla.Stat. *1556 § 83.51. 7 Section 83.51 codifies Florida landlord maintenance obligations and Fla. Stat. § 83.55 provides that a tenant may recover damages for a breach of these obligations. Section 83.51 implies a warranty of habitability in all Florida residential leases: The Florida Residential Landlord and Tenant Act’s provisions impose contractual — not tort — liability upon the landlord....

...Eubanks, 368 So.2d 645 , 650 n. 11 (Fla.Dist.Ct.App.1979) (Ervin, J., specially concurring) (citations omitted), quashed and remanded on other grounds, 401 So.2d 1328, 1330 (Fla.1981) (citing Ervin concurrence with approval). The Florida courts have further indicated that section 83.51 codifies contractual obligations by noting that a breach of these obligations does not establish negligence per se....

...9 Accordingly, we AFFIRM the district court’s denial of HUD’s motion to dismiss. 1 . Mann, Cannon, and Rauh (the tenants) initially sued Pierce, the Secretary of HUD, and HUD in federal court alleging contractual breaches and violations of Florida landlord-tenant law, Fla.Stat. § 83.51(1)....

...As we indicate in section II B, infra, we conclude that, pursuant to 12 U.S.C. § 1702 , HUD may properly be sued on contract claims in the state courts. We recognize, however, that § 1702 does not authorize state suits against federal officers that would otherwise be barred by the FTCA. 28 U.S.C. § 2679 . 7 . FIa.Stat. § 83.51 provides in part: Landlord’s obligation to maintain premises (1) The landlord at all times during the tenancy shall: (a) Comply with the requirements of applicable building, housing, and health codes; or (b) Where there are no applicable b...

...Section 83.55 provides: Remedies; right of action for damages If either the landlord or the tenant fails to comply with the requirements of the rental agreement or this part, the aggrieved party may recover the damages caused by the noncompliance. ■ 8 . “Although the statutory obligations created by section 83.51 are by implication a part of the landlord’s duties under the lease agreement," the Deeb court undertook a negligence analysis because the complaint there had insufficiently alleged a breach of a statutorily implied warranty of habitability....

...Tripp, 576 So.2d 404 (Fla. 2d DCA 1991) (statutory violation making it unlawful to knowingly transmit a sexually transmissible disease); Bennett M. Lifter, Inc. v. Varnado, 480 So.2d 1336 (Fla. 3d DCA 1985) (violation of residential Landlord Tenant Act, § 83.51, Fla....

...The defenses available to a nonresidential tenant are clearly not coextensive with those provided the residential tenant under part II of Chapter 83, such as assertions relating to the residential landlord's material noncompliance with the obligations imposed upon him by section 83.51....

...[3] The Pippin case also noted that the statutory language calling for the landlord to provide "decent, safe and sanitary dwellings" should not be construed to require protection against criminal activity, Id., 35 Ill.Dec. at 533, 399 N.E.2d at 599 [see § 83.51, Fla....

...In holding that the owner of a residential dwelling unit, who leases the unit for residential purposes, has the duty to make the repairs necessary to transfer a reasonably safe dwelling to the tenant, the court observed that this obligation corresponds to the statutory warranty of habitability. See § 83.51(1), Fla....

...In a footnote the district judge speculated that such a right might have arisen under the facts presented but did not cite this speculation as grounds for his decision. By virtue of the results reached in this opinion, we find it unnecessary to resolve this theoretical argument. . Fla.Stat. § 83.51 (1983)....

...The case is going to boil down to the day of the incident whether somebody was negligent or not negligent. The singular issue on appeal is whether the trial court erred in striking the testimony about carpeting and in instructing the jury that it could not be considered for any purpose. We begin our analysis by considering Section 83.51(2)(a)3, Florida Statutes (1979), which imposes a statutory duty upon landlords to take reasonable precautions to maintain apartment house common areas in a safe and clean condition....

...ing facilities at another convenient location. At the outset, it is important to note that this case involves a commercial lease. Therefore, the statutory obligations placed upon Florida landlords who lease residential premises are inapplicable. See § 83.51, Fla....

...ns are followed in Manatee County and that, in his opinion, any door used for ingress and egress to a residential dwelling in which use of a key is necessary to exit from the inside to the outside would be in violation of said codes and regulations. Section 83.51, Florida Statutes (1997), provides: 83.51 Landlord's obligation to maintain premises.— (1) The landlord at all times during the tenancy shall:(a) Comply with the requirements of applicable building, housing and health codes; or (b) Where there are no applicable building, housing, or h...

...His defense is ignorance of the statute and county code pertaining to such locking systems. His explanation was that he had never reviewed the building codes and simply had no knowledge of the impropriety. This court dealt with a similar situation involving alleged inadequate locks, contrary to the provisions of section 83.51, Florida Statutes, and held that it was the responsibility of the landlord to make reasonable provisions for adequate locks, even where a release was signed by the tenant....

...on of a residential dwelling unit a landlord has a continuing statutory duty to maintain common areas in a safe condition and to repair dangerous, defective conditions upon notice of their existence, unless otherwise agreed to by the tenant. [8] See § 83.51(2)(a)3., Fla....

...ng lot area. Therefore, the landlord retained its statutory duty to maintain the parking lot area in a clean and safe condition. The landlord's liability in this personal injury action appears to be primarily grounded upon its statutory violation of section 83.51(2)(a)3, in failing to properly maintain the parking lot....

...reasonably anticipated. Bennett M. Lifter, Inc., 480 So.2d at 1339 (citations omitted). Similarly in this case, as stated earlier, the landlord had a statutory duty to make reasonable provisions for the clean and safe condition of common areas. See § 83.51(2)(a)3, Fla....

..., the landlord is not liable for an injury to the property or person of the tenant or those on the premises . . ."). But in 1973, the Florida legislature enacted the Florida Residential Landlord and Tenant Act (section 83.40 et seq.), which includes section 83.51....

...In Bennett v. Mattison, 382 So.2d 873 (Fla. 1st DCA 1980), the court applied the statute to a slip and fall case reasoning that because the hallway and patio were provided for the common use and benefit of the tenants, the landlord was required by section 83.51(2)(a)3 to keep these areas safe and clean....

...injuries. I will even concede that if Smith had been injured while trimming the low branches which were scratching the cars or people's faces, summary judgment would arguably be inappropriate. But that is not what happened here. The same is true for section 83.51(2)(a)3, which requires the landlord to maintain common areas clean and safe....

...The appellant sued property owners/appellees in common law negligence, claiming that they had failed to repair or replace defective carpet in an apartment. The appellant tripped over the carpet and was injured. Over the objection of the appellant, the trial court instructed the jury in accordance with section 83.51(4), Florida Statutes (1993), that the landlord was not responsible to the tenant under this section for conditions created or caused by the negligent or wrongful act of the tenant or a person on the premises with the tenant's consent. The jury returned a verdict in favor of the property owner. We reverse, holding it was error to give the instruction on section 83.51(4) in this common law negligence case, and because there was no evidence to support the giving of the instruction....

...of the dwelling, (defendant landlord) negligently failed to repair a dangerous or defective condition on the premises of which he had actual notice. Fla. Std. Jury Instr. (Civil) 3.5(i). Defense counsel requested an instruction informing the jury of section 83.51(4), which states: 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 his family, or other person on the premises with his consent....

...Defense counsel argued that if the movers caused the wrinkles or ridges, then this subsection exculpated the appellees from any liability. Over the objection of appellant's counsel, the trial court gave the following instruction: The Court further advises you on Florida Statute 83.51 outlining Landlord's Obligation to Maintain Premises provides as follows: 1....

...he carpet; (2) whether the tenants had notified the apartment manager of the defect; and (3) whether appellant was comparatively negligent, either through responsibility for creating the condition or through his knowledge of the dangerous condition. Section 83.51(4), which was read to the jury, is applicable only to exclude liability of the landlord under section 83.51, which describes statutory warranties....

...Thus, the defenses available to the appellees were comparative negligence and negligence of others. These defenses would result in the allocation of responsibility between all parties found negligent, unlike the statutory exclusion of liability, which is absolute. Under section 83.51(4), if the appellant caused the ridges in the carpet, then he could not recover....

...NOTES ON USE FOR 401.20d 1.This instruction, reflecting a greater duty by landlord to tenant on leased residential premises, was derived from Mansur v. Eubanks, 401 So.2d 1328 (Fla.1981), overruling to that extent Brooks v. Peters, 157 Fla. 141 , 25 So.2d 205 (1946). See also F.S. 83.51 (1981), which may impose on the landlord greater duties, in respect to conditions arising after a tenant’s possession, than were addressed in Mansur ....

...ndlord’s duty to the tenant. Mansur v. Eubanks, 401 So.2d 1328 (Fla.1981). 4. Waiver. The committee expresses no opinion about whether a tenant may waive duties owed him by the landlord. Compare Mansur v. Eubanks, 401 So.2d 1328 (Fla.1981), with F.S. 83.51(1)(b), 83.51(4), and 83.47 (1981)....

...Section 723.022(2) requires a mobile home park owner to "maintain the common areas in a good state of appearance, safety, and cleanliness.” We find, however, that this section is not an independent source of duty in this case. Like the residential tenancy statute, as it pertains to common areas, section 83.51(2)(a)3., Florida Statutes, the mobile home park owner statute "merely restates the landlord’s common law duty as it would exist in the absence of a statute.” Haynes v....

..."After the tenant takes possession, the landlord has a continuing duty to exercise reasonable care to repair dangerous defective conditions upon notice of their existence by the tenant, unless waived by 3 the tenant." Id.; see also § 83.51(1), Fla....

summary judgment as a matter of law because under section 83.51(2)(a)3, Florida Statutes (2020), it owed its

...ned these claims. The case proceeded on his claim of negligence in the operation of the parking area. . The dissenting opinion, at 402, n. 1 misconstrues the grounds for Forte’s liability which arose from its failure to maintain safe common areas, § 83.51(2)(a)3, Fla.Stat....

...(1985), and its failure to supervise the parking area, not from the "architectural or engineering building design” cited in the dissent; claims based on faulty design were abandoned. At 401, n. 1. .Forte also argues that the court erred in reading section 83.51, Fla.Stat....

premises, and that Palms West had violated section 83.51 (2)(a), Florida Statutes, by failing to maintain

...McFarland & Son, Inc. v. Basel, 727 So.2d 266 (Fla. 5th DCA 1999) (error to admit evidence of violation of regulation absent proof of causal connection between violation and injuries). The court also erred in allowing the building inspector to testify that section 83.51 of the Broward County Building Code, requiring proper door locks, was violated....

...als from an order of the trial court denying his motion to assess attorney’s fees against the landlord. We affirm. Gilbert’s tort action was based upon the landlord’s breach of a duty imposed by the Florida Residential Landlord and Tenant Act, section 83.51(l)(a), Florida Statutes (1983)....

...Revision / /82, reflecting a greater duty by landlord to tenant on leased residential premises, was derived from Mansur v. Eubanks, 401 So.2d 1328 (Fla.1981), overruling to that extent Brooks v. Peters, 157 Fla. 141 , 25 So.2d 205 (1946). See also § 83.51, Fla.Stat....

...dlord’s duty to the tenant. Mansur v. Eubanks, 401 So.2d 1328 (Fla.1981). 4. Waiver. The committee expresses no opinion about whether a tenant may waive duties owed him by the landlord. Compare Mansur v. Eubanks, 401 So.2d 1328 (Fla. 1981), with §§ 83.51(1)(b), 83.51(4), and 83.-47, Fla.Stat....

...Tenant shall pay for all utilities services during the Lease Term and connection charges and deposits for activating existing utility connections to the Premises except for_), that Landlord agrees to provide at Landlord’s expense. 10. MAINTENANCE. Landlord shall be responsible for compliance with Section 83.51, Florida Statutes, and shall be responsible for maintenance and repair of the Premises, unless otherwise stated below: (Fill in each blank space with “Landlord” for Landlord or “Tenant” for Tenant, if left blank, Landlord will be responsible for the item): _roofs _windows _screens _steps _doors ....

...Premises under the terms of the Lease. Holmquist was required to furnish the Hefleys with two sets of keys, which “shall be returned to [Holmquist] in person at end of lease term.” The Lease delegated Holmquist explicit responsibility for compliance with section 83.51, Florida Statutes, 10 as well as “maintenance and repair of the Premises.” Under the Florida Residential Landlord 9 The Lease provided: “No agreement to accept surrender of the Premises from Tenant will be valid unless in writing and signed by the Landlord.” While the Lease dictates what must occur for express surrender to be found, neither party asserts the Lease prevents surrender by operation of law. 10 Section 83.51(1) provides that a landlord has an ongoing duty to comply with the requirements of the applicable building, housing, and health codes or, where none are available, “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.” § 83.51(1), Fla....

...This instruction, reflecting a greater duty by landlord to tenant on leased residential premises, was derived from Mansur v. Eubanks, 401 So. 2d 1328 (Fla. 1981), overruling to that extent Brooks v. Peters, 25 So. 2d 205 (Fla. 1946). See also F.S. 83.51 (1981), which may impose on the landlord greater duties, in respect to conditions arising after a tenant’s possession, than were addressed in Mansur....

...same as the landlord’s duty to the tenant. Mansur v. Eubanks, 401 So. 2d 1328 (Fla. 1981). 4. Waiver. The committee expresses no opinion about whether a tenant may waive duties owed him by the landlord. Compare Mansur v. Eubanks, 401 So. 2d 1328 (Fla. 1981), with F.S. 83.51(1)(b), 83.51(4), and 83.47 (1981). e....

...or Failure to Pay Rent; 3) Notice From Landlord To Tenant — Termination For Noncompliance Other Than Failure to Pay Rent; 4) Notice From Tenant To LandLord — Termination For Failure Of Landlord To Maintain Premises As Required By Florida Statute 83.51(1) Or Material Provisions Of The Rental Agreement; 5) Notice From Tenant To Landlord — Withholding Rent For Failure of Landlord To Maintain Premises As Required By Florida Statute 83.51(1) Or Material Provisions Of the Rental Agreement; 6) Complaint For Landlord To Evict Tenants For Failure To Pay Rent And To Recover Past Due Rent; 7) Complaint For Landlord To Evict Tenants For Failure To Comply With Lease (Other Than Failure...

...This written notice must be delivered, and the seven day time period must run, prior to any termination of the lease or any lawsuit for eviction. SOURCE: Section 83.52(2)(b), Florida Statute (1990). NOTICE FROM TENANT TO LANDLORD — TERMINATION FOR FAILURE OF LANDLORD TO MAINTAIN PREMISES AS REQUIRED BY FLORIDA STATUTE 83.51(1) OR MATERIAL PROVISIONS OF THE RENTAL AGREEMENT (Landlord’s Name and Address) Re: Seven Day Notice of Noncompliance to Landlord Dear_: (Landlord’s Name) This is to inform you that you are not maintaining my apartment as required by Florida Statute 83.51(1) and our lease agreement....

...If you do not complete the following repairs in the next seven days I will terminate the lease, move out, and hold you responsible for any damages resulting from the termination: [list Landlord’s violations] (Tenant’s Name Address, Unit Number Phone Number) NOTE: Tenant should carefully review Section 83.51(1) Florida Statutes and the lease and should ensure that the violations in the notice do, in fact, exist. The tenant’s right to terminate the lease exists only after giving the notice and if the landlord fails to make the required repairs. Section 83.51(1) provides as follows: *598 83.51 Landlord’s obligation to maintain premises....

...The landlord’s obligations under this subsection may be modified by the lease in the case of a single-family home or duplex. SOURCE: Section 83.46, Florida Statutes (1990). NOTICE FROM TENANT TO LANDLORD — WITHHOLDING RENT FOR FAILURE OF LANDLORD TO MAINTAIN PREMISES AS REQUIRED BY FLORIDA STATUTE 83.51(1) OR MATERIAL PROVISIONS OF THE RENTAL AGREEMENT (Landlord’s Name and Address) Re: Seven Day Notice of Noncompliance to Landlord Dear_: (Landlord’s Name) THIS IS TO INFORM YOU that you are not maintaining my apartment unit as required by Florida Statute 83.51(1) or material provisions of our lease agreement....

...during the legal proceedings, into the registry of the court. The tenant should, therefore, deposit all rent as it comes due in a separate bank account until the tenant’s disputes with the landlord have been solved. For the text of Florida Statute 83.51(1), and the grounds for withholding rent, see the note to Form 3....

...The injuries are alleged to have been from a rape of plaintiff which was allegedly the proximate result of, among other things, inadequate locks provided on plaintiffs apartment in violation of, among other things, the statutory obligation of a landlord under section 83.51(2)(a), Florida Statutes (1985), to “make reasonable provisions for ......

...ment between a landlord and a tenant, like that represented by the Apartment Security Acknowledgement and Release, to dispense with the landlord’s statutory duty to make reasonable provisions for locks. The thrust of that argument seems to be that section 83.51(2)(a) permits an exception to section 83.47 in the sense that when the duty to make reasonable provisions for locks is dispensed with by such an agreement, there can be no liability of the landlord for not making reasonable provisions for locks from which section 83.47 would prohibit a release....

...The meaning seems to be, in other words, that, regardless of such a duty of the landlord, there is a duty of the tenant which, it is argued, would preclude liability of the landlord. Provisions to that effect are prohibited by section 83.47 and, for the reason explained above, are not excepted from section 83.47 by section 83.51(2)(a)....

bar to an action for damages. Specifically, section 83.51(l)(b) requires the landlord at all times during

...the door were “as apparent to the tenant as they were to the landlord.” 736 So. 2d 58, 62 (Fla. 1st DCA 1999). Because there was no defect, the defendant had no legal duty to correct any defect. Id. Although this Court acknowledged a landlord’s duty to protect a tenant under section 83.51, Florida Statutes, the Residential Landlord and Tenant Act, we held that the Act did not impose a duty to install doorscopes....

...on charges and deposits for activating existing utility connections to the Premises except for _, that Landlord agrees to provide at Landlord’s expense (If blank, then “NONE”). 10. MAINTENANCE. Landlord shall be responsible for compliance with Section 83.51, Florida Statutes, and shall be responsible for maintenance and repair of the Premises, unless otherwise stated below: (Fill in each blank space with “Landlord” for Landlord or “Tenant” for Tenant, if left blank, Landlord will b...

...CE FROM LANDLORD TO TENANT-TERMINATION FOR - NOTICE OF NONCOMPLIANCE FOR MATTERS OTHER THAN FAILURE TO PAY RENT 4 FORM 3 — NOTICE FROM TENANT TO LANDLORD — .^TERMINATION FOR FAILURE OF LANDLORD TO MAINTAIN PREMISES AS REQUIRED BY FLORIDA STATUTE 83.51(1) OR MATERIAL PROVISIONS OF THE RENTAL AGREEMENT 6 FORM 4 -^NOTICE FROM TENANT TO LANDLORD-WITHHOLDING RENT FOR FAILURE OF LANDLORD TO MAINTAIN PREMISES AS REQUIRED BY FLORIDA STATUTE 83.51 (1) OR MATERIAL PROVISIONS OF THE RENTAL AGREEMENT 89 FORM 5 -^COMPLAINT FOR LANDLORD TO EVICT TENANTS-FQR FAILURE TO-PAY RENT AND TO RECOVER PAST DUE RENT-----loa FORM 5A - COMPLAINT FOR LANDLORD TO EVICT TENANTS FOR FAILURE OTTO PAY RENT AND...

...ing The Florida Bar The Florida Bar 1903 _ This form was completed with the assistance of: Name: Address: Telephone Number: FORM 3-NOTICE FROM TENANT TO LANDLORD-TERMINATION FOR FAILURE OF LANDLORD TO MAINTAIN PREMISES AS REQUIRED BY FLORIDA STATUTE 83.51(1) OR MATERIAL PROVISIONS OF THE RENTAL AGREEMENT Tenant should carefully review Section Sections 83.51(1) and 83.51(2) Florida Statutes and the leaserental agreement and should ensure that the violations by the Landlord alleged by the Tenant in the notice do, in fact, exist. The Tenant’s right to terminate the leaserental agreement exists only after giving the notice and if the Landlord materially — fails to makemaintain the premises as required *528 rcpairs.by section 83.51 or material provision of the rental agreement. Section 83.51(1) provides as follows: 83.51 Landlord’s obligation to maintain premises....

...rom the Landlord) [[Image here]] Address [[Image here]] City, State, Zip Code From:_ Date:_ Re: Seven Day Notice of Noncompliance to Landlord This is to inform you that you are not maintaining my apartmentdwelling unit as required by Florida Statute 83.51(1) and our leaserental agreement....

...The Florida Bar The Florida Bar 4993 This form was completed with the assistance of: Name: Address: Telephone Number: FORM 4-NOTICE FROM TENANT TO LANDLORD-WITHHOLDING RENT FOR FAILURE OF LANDLORD TO MAINTAIN PREMISES AS REQUIRED BY FLORIDA STATUTE 83.51(1) OR MATERIAL PROVISIONS OF THE RENTAL AGREEMENT A Tenant cannot withhold rent from the Landlord without sending notice and allowing the Landlord time to make repairs, If-the-repairs are not made the Tenant may withhold-rentcure the non-compliance, violation, or default of its obligations....

...e legal proceedings, into the registry of the Court. The Tenant should, therefore, deposit all rent as it comes due in a separate bank account until the Tenant’s disputes with the Landlord have been solvetbresolved. For the text of Florida Statute 83.51(1), and the grounds for withholding rent, see the note to Form 3....

...YOU SHOULD CONSULT AN ATTORNEY AS NEEDED. To: _ Landlord’s Name [[Image here]] Address [[Image here]] City, State, Zip Code From:_ Tenant Date:_ This is to inform you that you are not maintaining my apartmentdwelling unit as required by Florida Statute 83.51(1) or material provisions of our leaserental agreement....

...ble care to repair dangerous defective conditions upon notice of their existence by the tenant, unless waived by the tenant. This latter duty corresponds to the statutory warranty of habitability noted by Judge Ervin in his concurring opinion below. § 83.51(1), Fla....

...cant, but was vital to Eubanks' duty and to Mansur's right to recover from Eubanks as landlord. Appellant Alice Thompson has no such relationship to the appellee Rock Springs, so I would affirm the denial of her claim against Rock Springs. NOTES [1] Section 83.51, Florida Statutes (1977), provides in part: (1) The landlord at all times during the tenancy shall: ........