Since the housing crisis struck several years ago, many more individuals (and families) have shifted from home ownership to renting. It is therefore of growing important for all residents to understand their legal rights as they relate to their landlord, including their right to recovery when it comes to possible premises liability claims.
Florida follows an Open and Obvious Doctrine, meaning that when an injury is caused by an apparent condition, the landlord will not be held accountable for damages. However, such hazards are not absolutely barred, because landlords also have a duty to maintain their properties in a safe condition.
Landlords have the following duties:
- To properly maintain common areas;
- To warn of hidden dangers which they are, or should be, aware of; and
- To make safe furnished dwellings on short term leases.