Counsel’s Corner – Maintaining the Property
Counsel’s Corner – Maintaining the Property ~ Southern Residential Leasing
Owner’s Duty to Maintain Premises
Both Florida and Alabama law imposes duties to real property owners to keep up with maintaining the property in compliance with all applicable building, housing, and health codes to ensure a safe and habitable condition for tenants/occupants. To avoid potential liability for personal injury to tenants and other invitees on the property, the best practice is to undertake a reasonable inspection of the property and promptly address all potential areas in need of repair/maintenance. Once an Owner is on notice of a potential issue, the failure to repair the defective condition could result in significant future liability in the event of injury or harm to a tenant or others present on the premises.
Alabama Code Requirements: See Ala. Code § 35-9A-204
Florida Statutory Requirements: See Fla. Stat. Ann. § 83.51