Florida Renters: How to Handle Pest Issues Legally
Pest problems in Florida apartments—like roaches, bed bugs, or rodents—can threaten health and comfort. If you’re a renter facing an infestation, it’s important to know your rights and options under Florida law. This guide explains what landlords must do, how renters can respond, and where to get official help.
Understanding Landlord and Tenant Responsibilities for Pests in Florida
Florida law makes landlords responsible for keeping rental properties in a habitable condition. This includes addressing pest infestations in most apartment buildings. The key statute is the Florida Statutes Section 83.51, which outlines landlords’ maintenance duties.
- Landlords must exterminate certain pests (insects, rodents, and wood-destroying organisms) in multiple-unit dwellings.
- Single-family homes and duplexes are generally excepted unless the lease states otherwise.
- Tenants must keep their unit clean and sanitary but do not have to handle major infestations on their own.
Read more at the official Florida Department of Business & Professional Regulation Landlord/Tenant FAQ.
Recognizing a Pest Infestation
Common pests in Florida include cockroaches, bed bugs, ants, termites, rats, and mice. Signs of infestation may include live insects, droppings, nesting materials, or bites. Documenting with pictures and keeping records of pest sightings can help your case if you need to ask for repairs or make a formal complaint.
Your Legal Rights and How to Request Pest Control
Under Florida law, if your landlord is responsible for pests, you have a right to a pest-free living space. Here’s a summary of what to do if you find an infestation in your apartment:
- Notify your landlord in writing as soon as you notice the problem. Clearly describe the pests and their effect on your living situation.
- Give your landlord a reasonable time—usually around 7 days—to fix the problem.
- If the landlord does not correct the issue, you may be able to withhold rent or terminate your lease, but you must follow Florida’s legal steps for this to be valid.
Florida’s Required Written Notice Form
- Form Name: Notice to Landlord – Seven Day Notice to Cure Noncompliance
- How it’s Used: This written notice formally asks your landlord to deal with pests (for example, exterminate cockroaches) within 7 days. If you still have problems after 7 days and the landlord has not acted, you may consider next legal steps such as withholding rent or terminating the lease.
- Where to Find: The state does not provide an official, fillable PDF, but suggested language and requirements are described in Florida Statutes Section 83.56. Sample form wording is available from the Florida Bar Landlord-Tenant Guide (see "Sample Letters" section).
Example: If you discover a roach infestation and your landlord takes no action after your phone call, send a written Seven Day Notice to Cure. Keep a copy for your records.
If the Problem Continues: Making a Formal Complaint
If your landlord ignores your written request, Florida law allows more formal action. Renters can:
- Contact their local county Code Enforcement office to report a rental property that is not being maintained to health and safety codes.
- File a complaint with the Florida Department of Business & Professional Regulation (DBPR), especially for safety violations in apartment buildings.
- Withhold rent or end the lease—but only after proper written notice is given and if the conditions are truly unsafe.
How Florida Tribunals Handle Tenant Complaints
In Florida, disputes about rental conditions—including pest control—are generally resolved in county civil courts rather than by a specialized housing board or tribunal. Each county court’s Small Claims Division can typically hear cases relating to tenant rights or withheld rent. Learn more at the Florida State Courts System.
Steps to Take if You Have a Pest Infestation
Here's a brief summary of the main actions you should take when facing an infestation:
- Document the issue (photos, dates, locations, and effects on health or property).
- Notify your landlord in writing and keep a copy.
- Give 7 days for them to address the problem (if applicable).
- If the landlord does not respond, contact local Code Enforcement or file a complaint with DBPR.
- Understand your rights before withholding rent or terminating the lease.
FAQ: Florida Pest Infestations and Renter Rights
- Do landlords have to provide pest control in Florida apartments? Yes, for most multi-unit apartments, landlords are responsible for exterminating pests. Single-family homes and duplexes are an exception unless the lease says otherwise.
- How do I give legal notice to my landlord about pests? Use a written Seven Day Notice to Cure Noncompliance as outlined by Florida law. State the problem and allow seven days for correction.
- Can I withhold rent if my landlord ignores pest issues? Yes, but only after giving proper written notice and if the issue creates unsafe conditions. Never do this without following legal processes, or you may face eviction.
- Who do I contact if my landlord still won't fix the problem? You can call your county’s Code Enforcement office or file a complaint with the Florida DBPR.
- What evidence should I collect about pests? Take clear photos, save written communications, and keep a log of sightings or health impacts to support your case.
Conclusion: Key Takeaways for Florida Renters Dealing With Pests
- Landlords must keep apartments pest-free under Florida law.
- Written notice is the first step—never skip documentation.
- Local agencies and Florida courts can help if the problem persists.
Knowing your rights makes it easier to resolve pest issues and protect your health at home.
Need Help? Resources for Renters
- Florida Department of Business & Professional Regulation Landlord/Tenant Resources – Official guidance and complaint forms
- The Florida Bar Landlord/Tenant Overview – Sample letters and legal basics
- Florida State Courts System – Learn about Small Claims and tenant dispute procedures
- Contact your local county Code Enforcement office for inspections or health code enforcement
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Bob Jones
Editor & Researcher, Tenant Rights USA
Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.
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