Common Legal Grounds for Tenant Lawsuits

This memorandum serves to advise you on the various legal circumstances under which a landlord in Florida may be exposed to liability in a lawsuit initiated by a tenant. Under Florida law, tenants are afforded specific protections, and landlords are held to certain obligations that, if breached, may result in legal action.

I. Common Legal Grounds for Tenant Lawsuits

1. Failure to Maintain a Habitable Living Space: Florida law requires landlords to ensure that rental properties meet basic standards of habitability. This includes proper plumbing, electricity, structural integrity, pest control, and other critical repairs.

   Potential Claims: Breach of implied warranty of habitability, negligence.

   
   

2. Illegal Eviction or Harassment: A landlord may not remove a tenant without following the legal eviction process, which includes proper notice and court procedures. Self-help evictions (e.g., changing locks, shutting off utilities) are strictly prohibited.

   Potential Claims: Wrongful eviction, retaliatory conduct, harassment, violation of Florida’s Residential Landlord and Tenant Act.

   
   

3. Wrongful Withholding of Security Deposit: Upon termination of the lease, landlords must return the tenant’s security deposit within 15 to 30 days, depending on whether a claim is being made against it. Failure to do so can expose the landlord to a lawsuit.

   Potential Claims: Breach of lease, statutory violations under Florida Statute § 83.49.

   
   

4. Unsafe Living Conditions Leading to Injury or Damages: If a landlord’s negligence leads to injuries or property damage due to hazardous conditions (e.g., mold, broken stairs, exposed wiring), tenants may pursue a claim for damages.

   Potential Claims: Negligence, premises liability, personal injury.

   
   

5. Breach of Lease Agreement: A landlord who violates other terms of the lease—such as entering the property without notice, failing to honor agreed-upon utilities or amenities, or refusing to perform agreed maintenance—can be sued for breach of contract.

   Potential Claims: Breach of lease, breach of covenant of quiet enjoyment.

II. Key Legal Considerations

• Habitability Obligations: Florida Statutes § 83.51 outlines a landlord’s duty to maintain the premises in a condition that is fit for human habitation. Landlords must comply with applicable building, housing, and health codes.

• Required Notice:  In many instances, tenants must first notify the landlord in writing and allow a reasonable time (usually 7 days) to correct the issue before pursuing legal remedies.

• Documentation and Evidence: Tenants considering legal action should maintain thorough records, including photographs, repair requests, communications, and any notices received or provided.

• Legal Representation: Given the complexity of landlord-tenant law and the potential for procedural missteps, it is strongly advised that tenants consult with legal counsel before initiating litigation.

  
  

Landlords operating in Florida are bound by both statutory and contractual obligations. Failure to comply with these duties may lead to lawsuits by tenants seeking damages, repairs, or other remedies. If you require further analysis on a specific situation or need assistance with a potential dispute, our office is available to provide counsel.

For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.

Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.