Some Struggle As FL Doesn't Require Landlords To Provide Air Conditioning: "A Horrible Nightmare"

Photo byRaysonho @ Open Grid Scheduler / Grid Engine, CC0, via Wikimedia Commons

If you are a Floridian currently living in 2024's sweltering summer, you are probably not surprised that the real estate website Redfin has ranked Florida as the third hottest state in the country (behind Texas and Louisiana.) However, you may be surprised to know that Florida, which has an average July temperature of around 84 degrees, has no requirement for landlords to provide air conditioning.

Florida has been in the news this year for heat-related issues. I've previously written about Florida blocking local municipalities from providing heat protections beyond federal standards effective July 1, 2024. However, the lack of air conditioning provisions arguably gets less attention.

Florida Landlords Must Provide Some Things To Tenants, But Air Conditioning Technically Isn't One Of Them: The Florida heat affects more than just those who work outside. Floridians who live and work inside often lower their air conditioning a little in the summer months to remain comfortable as temperatures rise on the outside.

Unfortunately, Floridians who rent could find themselves in a situation where they don't have this air conditioning because, although landlords must provide the following, they are not required to provide air conditioning:

running water

electricity

adequate parking

trash pickup

heat

For this reason, experts recommend that tenants add air conditioning maintenance to their lease before they sign it. That way, you have at least some protection if you have an air conditioner that needs repair.

Things That Require "Reasonable Provisions" From Florida's Landlords: Florida Statute 83.51 states that the landlord shall make "reasonable provisions" for lock and keys, clean and safe common areas, and working smoke detectors. Readers who would like to read the statute for themselves can do so here.

A Florida Family Without Air Conditioning: Natalia Wulfan lives with her children in South Florida. A breaker in her apartment complex caught fire, taking some air conditioning units with it. She and her children were stuck in a 90-degree apartment waiting for repair. When she was told that repair could take weeks, she told WSVN:

“I cried the whole night when she said that. I just sat there and cried. Like, it just feels like a horrible nightmare.”

Of this scenario, 7News legal expert Howard Finkelstein explained:

“This may surprise you. Legally, you are entitled to heat in Florida, but not air conditioning, unless it’s part of your lease. However, you are entitled to electricity, and if the electricity goes out, and your landlord cannot fix it, you can terminate your lease, get your security deposit back and move out immediately.”

Floridian Carol Russell is another example. When her air conditioning went out, she waited weeks for relief and sought out cool air in public places.

Proposed Legislation Concerning Air Conditioning Requirements By Landlords That Failed: Florida Representative Jervonte Edmonds proposed House Bill 31, which would have addressed air conditioning. However, that proposal died in the Civil Justice Subcommittee on Friday, March 8, 2024.

Please note that the author is not an attorney. The Florida Bar maintains a lawyer directory here.