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Rats and Mice in a Fort Lauderdale Rental: Tenant and Landlord Rules

Florida Statute 83.51 puts extermination of rats and mice on landlords in most buildings other than single-family homes and duplexes. Here's what it says, what tenants owe, and how Fort Lauderdale's code fits in.

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In most Florida apartment buildings, extermination of rats and mice is the landlord's job.

In most Fort Lauderdale apartment buildings, getting rid of rats and mice is the landlord's job. Florida Statute 83.51(2)(a) says that for a dwelling unit other than a single-family home or duplex, unless the parties agree otherwise in writing, the landlord must make reasonable provisions for the extermination of rats, mice, roaches, ants, wood-destroying organisms and bedbugs. Tenants have duties too, mainly keeping their part of the place clean and getting the garbage out.

Single-family homes and duplexes work differently, and the city's housing code adds its own rules. This guide is general information, not legal advice. For a dispute, talk to a lawyer or a legal aid office.

What Florida Statute 83.51 requires of landlords

Section 83.51 has two layers. Subsection (1) applies to all tenancies: the landlord must comply with applicable building, housing and health codes, or, where no codes apply, keep the roof, windows, doors, floors, exterior walls, foundations and other structural parts in good repair.

Subsection (2)(a) adds duties for units other than single-family homes and duplexes, unless otherwise agreed in writing. The landlord must make reasonable provisions for:

If you have to leave for extermination

Rodent work rarely requires anyone to move out. If a treatment does, the statute sets terms. The landlord isn't liable for damages but must abate the rent. The landlord must give 7 days' written notice, in person, by mail or by email, and a tenant can only be required to vacate for up to 4 days.

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What tenants owe under 83.52

Florida Statute 83.52 lists the tenant's side. During the tenancy, a tenant must keep the part of the premises they occupy clean and sanitary, remove garbage from the unit in a clean and sanitary way, and keep plumbing fixtures clean and in repair. Tenants also have to follow the parts of building, housing and health codes that apply to tenants.

That matters because 83.51(4) says the landlord isn't responsible under that section for conditions caused by the negligent or wrongful act or omission of the tenant or someone on the premises with the tenant's consent. Food left out and trash piled in the kitchen give a landlord an argument. A clean unit with mice coming through the wall doesn't.

Fort Lauderdale's housing code

The city's property maintenance and housing rules sit in Chapter 9 of the city code. Code enforcement cases in the city cite Sec. 9-276(c)(3) where there are rodents, vermin or other pests at a location. On the same agendas, multifamily properties are cited under Secs. 24-28 and 24-29(a) for inadequate garbage service and overflowing dumpsters, and under Sec. 18-12(a) for trash and debris on the property.

So a tenant has two tracks. The lease and Florida Statute 83.51 govern what the landlord owes you. The city code governs the property's condition, and a code inspector can cite an owner whether or not a lease dispute is going on. How to report rats in Fort Lauderdale covers filing with the city.

Single-family homes and duplexes

The extermination duty in 83.51(2)(a) doesn't automatically apply to single-family homes and duplexes. In those rentals, the lease usually decides who pays for pest control. Read it closely. Many leases for houses put routine pest control on the tenant, while roof and structural repairs, which is where rats get in, stay with the owner under 83.51(1) and the housing code. If rats are coming through a broken soffit or an open roof vent, that's a repair issue as much as a pest issue.

Condos: owner, tenant and association

If you rent a condo unit, your landlord is the unit owner, not the association. Tell the owner in writing. The owner may then need the association to deal with trash rooms, garages and shared chases. If you own and live in the unit, your condo documents say what the association maintains. Common areas are usually the association's. Condo and apartment rodent work explains how building programs work.

Steps for tenants

If you're seeing rats or mice in a rental, this order keeps your options open:

  1. Take dated photos of droppings, gnaw marks and any rodents
  2. Tell the landlord or manager in writing, by email or dated letter, and keep a copy
  3. Keep food sealed and garbage out on schedule so the condition can't be blamed on the unit
  4. Give access for inspections and treatment when asked
  5. If nothing happens in a reasonable time, contact your city's code enforcement
  6. Talk to a lawyer or legal aid office before withholding rent or ending a lease

Ending a lease or withholding rent

Florida Statute 83.56(1) lets a tenant terminate the rental agreement if the landlord materially fails to comply with 83.51(1) or with material lease terms, but only after written notice that names the problem and states the intent to terminate, and only if the landlord hasn't fixed it within 7 days after delivery. The statute also sets out reduced rent when the failure is due to causes beyond the landlord's control.

If a landlord files to evict and the tenant wants to raise the landlord's noncompliance as a defense, the statute points to the requirements in section 83.60(2). Read it or ask a lawyer before you hold back rent. Getting the steps wrong can cost you the case.

Steps for landlords

Answer rodent reports in writing and quickly. Have the unit inspected, and if the source is outside the unit, look at the building: trash areas, the roofline, shared attics and walls. Mice move between units, so treating one apartment in a building with several reports rarely holds. Keep the provider's reports. If a tenant's housekeeping is part of the problem, document it in writing too. A rodent inspection gives you a written list of findings and entry points.

Common questions

Is my Fort Lauderdale landlord required to get rid of mice?

For most rentals other than single-family homes and duplexes, yes. Florida Statute 83.51(2)(a) requires reasonable provisions for extermination of rats and mice unless the parties agree otherwise in writing.

Who pays for rodent control in a rented house?

Usually whoever the lease names, since the statute's extermination duty doesn't automatically cover single-family homes and duplexes. Structural repairs that let rats in are a separate question under 83.51(1).

Can I withhold rent because of rats?

Florida has a strict process involving written notice under 83.56 and the rules in 83.60(2). Talk to a lawyer or legal aid office first.

Do I have to move out for treatment?

Rarely for rodents. If it's required, the landlord must give 7 days' written notice, can require no more than 4 days away, and must abate the rent.

Can the city cite my landlord for rats?

Fort Lauderdale code cases cite Sec. 9-276(c)(3) where rodents, vermin or other pests are found at a property. Report it through the city's code compliance division.

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