Boca Raton Tenant and Landlord Maintenance Laws and Responsibilities

Florida PMServices • September 25, 2020
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Deciding whether a landlord or a tenant is responsible for a repair or an issue at your Boca Raton rental property can be tricky, especially if the expectations and responsibilities aren’t clear in the lease agreement.

To eliminate any confusion or conflicts, make sure your rental contract spells out what your tenants need to do while living in your property. Discuss the lease with them, and make sure everyone is on the same page in terms of what you will take care of and what the tenants need to handle.

Landlord Maintenance Responsibilities in a Boca Raton Rental Property

Legally, landlords are responsible for providing their residents with a safe and habitable home, and for maintaining that home throughout the tenancy.

Renting out a single-family home means you have to keep the property in good condition and all of the systems and functions working and available. Plumbing issues are a landlord’s responsibilities. So is air conditioning. All the appliances you provided must continue working or be replaced.

If you’re renting out a multi-family property or several units in an apartment building, it’s also important that you maintain and clean the common areas. Common areas are anything spaces or structures within the building that all residents use, or outside the unit’s door. This will include hallways, parking lots, fitness centers, lobbies, and the outdoor space in front of and behind the building. If a tenant actually damages something such as an elevator or causes problems with the pool, you can hold that tenant responsible. But, when it comes to maintaining those common areas, it’s ultimately the landlord’s responsibility.

You also have to pay attention to all state, federal, and local laws, regulations, and housing ordinances. Make sure you know what’s required of you as a landlord, and stay up to date with the housing laws in Florida.   

Responsibilities Shared by Landlords and Tenants

Both landlords and tenants are responsible for things like smoke detectors and air filters. You have to make sure the smoke detector and the cooling system in your property work. But, the tenant has to be responsible for changing batteries and air filters. Make sure this is in your lease.

Landscaping and lawn maintenance may also be a shared responsibility. Sometimes, landlords will provide professional landscaping twice a year, for example, but you expect the tenant to mow the lawn in the summer.

You could also hire a professional lawn service to take care of mowing, weeding, mulching, and other responsibilities, and then include the cost of that service in your rent. The same can be done with pools and spas, which are common in Boca Raton rental homes. You don’t necessarily want the tenants handling pool chemicals, but since they are enjoying the pool, they should be responsible for contributing to its care and maintenance.  

Tenant Maintenance Responsibilities to a Boca Raton Rental Home

Your tenant is responsible for paying rent on time, taking care of the property, and preventing any damage. A good tenant will communicate transparently and let you know when there’s a repair that’s needed. Sometimes, tenants will hesitate to report problems because they don’t want to get blamed for it. Make sure your tenants understand that you need to know about repairs right away, regardless of who is at fault.

garbage bin

Tenants should be expected to make minor repairs. A garbage disposal can be easily reset by tenants, for example, and they can also handle things like keeping drains free from clogs and preventing mold from growing in the shower. 


It can be helpful to give your tenants a bit of an orientation when they move in. Show them how things in the property work, and explain what they should handle themselves and what they should report to you as a maintenance need. Communication can really solve a lot of the confusion about who should be responsible for what. 


If you have any further questions regarding tenant and landlord maintenance responsibilities or anything pertaining to property management and leasing in Boca Raton, please contact us at Florida Property Management Systems. 


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