Dealing with pests in Florida can be a significant problem that requires a lot of effort, knowledge, and money to eliminate effectively. Some landlords may cut corners and provide insufficient pest control services, which can be frustrating. You may be curious about which pests are protected under Florida law. It's possible to argue that all pests are covered, but that particular argument requires expertise in the law.
Instead, let's focus on the pests that the Florida Landlord and Tenant Act addresses in Fla. Stat. s. 83.51.
Under Fla. Stat. s. 83.51, under most* circumstances, the landlord is expressly required to exterminate rats, mice, roaches, ants, wood-destroying organisms, and bedbugs.
*Note, as I discussed in the following article How long does a landlord have to get rid of roaches in Florida?/Can I break my lease because of roaches in Florida? Part I, a landlord, is not always responsible for pest control. Moreover, sometimes, lawyers have to get creative to make arguments that a landlord is responsible for pest control.
Are pests causing chaos in your home? It's time to take charge! We provide options for tenants just like you and invite you to complete our online form to learn more about the options we offer or contact us today.
Comments
jagrit Reply
Posted Nov 16, 2023 at 07:55:18
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Debi Rumph Reply
Posted Dec 18, 2023 at 08:07:15
Jagrit, it is true that you should work with a pest control professional that you can trust.
Jerome Washington Reply
Posted Feb 03, 2024 at 05:50:22
Hello, my lease has in writing that monthly services will be held. In the past 3 plus years we have held to beg the landlord to get someone out to spray a total of 3 times, which is supposed to be 12 annually. Can I or should I submit a repair and deduction?
Debi Rumph Reply
Posted Feb 05, 2024 at 08:05:48
Hello Jerome, if your lease agreement includes monthly pest control, and your landlord has not provided it, you can take action. I suggest that you serve your landlord with a 7-day notice, also known as a Demand to Cure. This notice will give your landlord a chance to rectify the situation within the given time frame. You can access the form and read more about its use at this URL: https://www.debirumph.com/free-put-your-landlord-on-notice-of-failing-to-make-repairs. However, before using this form, make sure you’re ready to move forward with terminating your lease or that you have an anti-eviction strategy employed. To learn more about your options, please see these informative pages at this URL: https://www.debirumph.com/have-you-withheld-rent-from-your-landlord-what-is-next. We wish you luck with this legal matter, Jerome!
Olivia Smith Reply
Posted Nov 30, 2024 at 19:12:04
I live in a rooming facility and I’ve been living here for about 3+years. In the last year I’ve been having a problem with bed bugs, rats and roaches. The bed bugs are so bad now that they are in my clothes in the drawer. I’ve mentioned it to the landlord, but that is just talking to a baby.
Debi Rumph Reply
Posted Dec 02, 2024 at 09:20:04
It’s absolutely unacceptable that you’ve been living with bed bugs, rats, and roaches for a year, especially after notifying your landlord. No one deserves to live in those conditions!
It sounds like you’ve been incredibly patient, but now it’s time to take action and get the situation resolved. Here’s how we can help:
Document the problem: Gather as much evidence as possible. Take photos and videos of the pests, their droppings, and any damage they’ve caused. Keep a record of all communication with your landlord.
Investigate your rights: Florida law provides tenants with certain rights and protections when it comes to habitable housing. We’ll help you understand your rights and explore all available legal options.
Negotiate with your landlord: We can communicate with your landlord on your behalf, demanding immediate action to address the infestation. We’ll push for a solution that gets you out of this unhealthy environment.
Consider legal action: If necessary, we’ll guide you through the process of pursuing legal action against your landlord for failing to provide habitable housing. This could include terminating your lease without penalty and potentially seeking compensation for damages.
Don’t suffer in silence any longer! Contact us today for help. We’ll discuss your case, answer your questions, and help you reclaim your peace of mind and a pest-free living space.
JaQi Lloyd Reply
Posted Feb 23, 2025 at 12:38:21
I live in Pensacola FL. I’ve had rats since I’ve moved in here says can terminate lease but will not give deposit back he has been trying to fix it for a month or so but half assed
Debi Rumph Reply
Posted Feb 24, 2025 at 06:26:18
It’s completely unacceptable that you’ve been dealing with rats in your apartment, especially since you moved in!
You absolutely have the right to terminate your lease, and you do not need your landlord’s permission to do so. There are two main options for ending your lease in this situation:
1. Seven-Day Notice to Comply – You can provide your landlord with a formal seven-day written notice demanding that they resolve the rat infestation. If they fail to do so within that time frame, you have the right to terminate the lease on the eighth day.
2. Constructive Eviction – A more immediate but riskier option is to vacate the property due to constructive eviction, meaning the rental unit has become uninhabitable due to the rat infestation.
Regarding your security deposit, most landlords will not return it before a tenant moves out. This is standard practice because the deposit is meant to ensure that the rental unit is left in good condition. Under Florida Statutes §83.49, a landlord has 30 days after a tenant moves out to notify them if they are placing a claim on the security deposit. If they fail to provide notice within that timeframe, they must return the deposit in full.
Additionally, if you have a written lease that has not yet expired, you may be entitled to damages from your landlord for breach of contract. This could include:
- Property damage caused by the rats
- Accelerated moving costs due to having to relocate unexpectedly
In situations like this, we typically advise tenants to move out first, get settled, and then negotiate from a stronger position. Right now, since you are still in the rental, your negotiation power is limited. Unfortunately, some landlords take advantage of tenants in these situations.
If you need legal assistance, we’re here to help. Our priority is ensuring that you and your family have a safe and healthy living environment. Please feel free to call or text us at (407) 294-9959, and we’d be happy to guide you through this process.
Ethan Calderon Reply
Posted Apr 28, 2025 at 09:31:54
I recently moved into an apartment in Orlando. When I first noticed a bug infestation I had been living here for approx. 1.5 months. I submitted a maintenance request for a pest control. When the pest control came out, they had informed me that it was wood termites. Pest control sprayed and my lease office informed me that they would come back the following week to check the infestation. Fast forward a week, my leasing office is letting me know that the pest control will come out the following day to check, but if further treatment is needed I’m responsible for the cost ($275). In my lease it only covers infestation of bedbugs, and has no mentions of termites.
What are my options? The termite infestation is pretty bad to where I am seeing signs of them every morning when I wake up.
Debi Rumph Reply
Posted Apr 30, 2025 at 03:56:58
Hi Ethan,
It sounds incredibly frustrating to move into a new apartment in Orlando and immediately discover a termite infestation! You absolutely have the right to a pest-free and healthy living environment.
You’re right to question that $275 fee. In Florida, for apartment complexes, landlords generally have an obligation to provide effective pest control. Subjecting you to ongoing spraying for a persistent termite problem, along with the inconvenience and potential health concerns of repeated chemical treatments and strangers entering your home, doesn’t sound like an effective or reasonable solution.
Furthermore, charging you for the cost of treating a pre-existing termite infestation, Ethan, especially when your lease only mentions bedbugs, raises serious ethical questions about the landlord’s responsibility and customer service. It seems unfair to add a financial burden on top of the disruption and stress you’re already experiencing.
While your lease’s specific language regarding pest control is crucial and needs to be reviewed carefully, the expectation in apartment rentals in Florida is typically that the landlord ensures a habitable and pest-free environment. A significant termite infestation impacting your daily living certainly calls that into question.
Ethan, beyond the fee, it’s definitely worth considering terminating your lease. A persistent termite problem can be very difficult to eradicate and can cause significant damage to the property over time. The fact that you’re seeing signs of them every morning indicates a serious issue that may not be resolved with just spraying.
To fully understand your options and the best course of action, it would be essential to carefully review your lease agreement. However, based on what you’ve described, challenging that fee and exploring your right to terminate the lease due to the ongoing infestation are certainly valid considerations.
If you would like assistance in understanding your rights and exploring your next steps, including reviewing your lease, please don’t hesitate to contact our office to discuss the various services and options we offer to tenants in similar situations.
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