When a Repair Is the Tenant's Problem vs. Yours

"Is this my problem or the tenant's problem?" is a question every landlord asks at least once a month. The answer depends on Florida law, your lease terms, and the specific cause of the issue. Here is a clear breakdown.

What Is Always the Landlord's Responsibility

Under Florida Statute 83.51, these are non-negotiable — you cannot shift these to the tenant even if your lease says otherwise:

• ✓HVAC system — The system must provide heating and cooling. In Hillsborough County, AC is effectively required (a home without AC in a Florida summer is not habitable). Routine maintenance (filter changes) can be assigned to the tenant in the lease.
• ✓Plumbing systems — Hot and cold running water, functioning toilets, and drainage. A slow-building clog from normal use or tree root intrusion is your cost.
• ✓Roof and structural integrity — Leaks, rotted fascia, settling foundation, damaged soffits. These are building envelope issues that only the owner can address.
• ✓Electrical systems — Working outlets, breaker panel, exterior and interior wiring. Electrical issues are safety hazards and habitability requirements.
• ✓Appliances provided in the lease — If you include a washer/dryer, refrigerator, dishwasher, or range, you are responsible for keeping them functional. If they wear out from normal use, replacement is on you.
• ✓Pest control — Unless the tenant caused the infestation. Florida's climate means roaches, ants, and the occasional palmetto bug are environmental, not neglect.

What Is the Tenant's Responsibility

The tenant is responsible for damage they cause through misuse, neglect, or intentional action:

• ×Holes in walls beyond normal picture-hanging nail holes
• ×Broken windows or screens from impact (not weather)
• ×Drain clogs from foreign objects — grease, wipes, toys
• ×Damaged blinds or fixtures from misuse
• ×Pet damage — scratched floors, chewed trim, urine stains
• ×Smoke/vape damage to walls and ceilings (if lease prohibits smoking)
• ×HVAC filter changes — if the lease assigns this to the tenant (typically monthly during summer)
• ×Lawn care — if the lease assigns this to the tenant (common in east Hillsborough single-family rentals)

The Gray Areas

Some repairs fall into a gray zone where the cause determines responsibility:

The Golden Rule: Fix First, Bill Later

Regardless of who is responsible, always fix the issue first. Then determine responsibility and bill the tenant or deduct from the deposit at move-out. Never withhold maintenance as leverage — it creates habitability complaints, gives the tenant grounds to break the lease, and makes you look bad in court.

Document everything: photos of the issue, the plumber's or contractor's diagnosis (especially for gray-area items like drain clogs), and the repair invoice. This documentation is your evidence if the tenant disputes the charge.

Maintenance, repairs, and turnovers are coordinated through Best Bay Services, a trusted local home-services partner. (Ownership disclosure: Best Bay Services is owned by James Evans, spouse of Barrett Henry.)

Put It in the Lease

The best way to avoid maintenance disputes is to spell out responsibilities in the lease. Our leases include a maintenance addendum that clearly lists:

• ✓Tenant obligations (filter changes, lawn care, minor items under $75)
• ✓Landlord obligations (major systems, appliances, structural)
• ✓How to submit maintenance requests (online portal, not text messages)
• ✓Emergency vs. non-emergency definitions and response timelines

Clear expectations upfront prevent 90% of maintenance disputes. If you need help with lease language or maintenance coordination, that is exactly what our maintenance coordination service handles.