Peter Catania | October 31, 2025 | Personal Injury
Tenants often ask us, When are landlords liable for tenant injuries in Florida? The answer is rarely simple because every situation depends on the facts and the law. Florida requires landlords to maintain rental properties in a safe and habitable condition. When that duty is ignored and a tenant suffers harm, landlords can be held accountable for the consequences.
At Catania and Catania, we have seen how these cases unfold in real life, and we know the difference it makes when the law is applied fairly, especially when families are left dealing with unexpected medical costs, stress, and uncertainty about their rights.
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call us (813) 547-6434Landlord’s Duty of Care
Florida law clearly obligates landlords. Under FloridaStatute§83.51—Landlord’s Obligation to Maintain Premises, property owners must ensure their buildings comply with all housing, health, and safety codes. That means structural components like roofs and walls must be sound, electrical and plumbing systems must be functional, and common spaces such as hallways and stairwells must be reasonably safe.
This responsibility goes beyond cosmetic upkeep. For example, a landlord who ignores reports of mold growth or pest infestations may expose tenants to health risks. The duty also extends to timely repairs after being told about a hazard. If not fixed, a loose railing on a stairwell or a broken lock on an entry door can quickly turn into a serious injury or worse. The law does not expect landlords to prevent every possible mishap, but it does require them to take reasonable steps to keep tenants safe.
When a Landlord May Be Liable
Under Florida law, a landlord may be held responsible for a tenant’s injuries when they fail to keep the property safe and livable. A common example is neglecting needed repairs to structural features or shared areas after being told about the danger. To succeed in a claim, the tenant must show that the landlord had a legal duty, that duty was broken, and the unsafe condition directly caused the harm. Florida also places a two–year limit from the date of the injury to bring this type of case.
According to Florida Statute §768.81 – Negligence, courts examine whether the landlord’s failure created an unreasonable risk of harm. Imagine a tenant reporting a broken step on a staircase. If weeks pass without repairs and someone falls, liability may be clear. On the other hand, if the accident happens just hours after the landlord learns of the problem, the circumstances are different. Each case requires showing that negligence, not just bad luck, was the cause.
Failure to Repair, Maintenance, and Breach of Promise
The most common path to liability involves ignoring repairs. A leaking ceiling that drips onto the floor, an exposed wire in a hallway, or a broken security light in a parking lot may seem like minor problems at first. Left unaddressed, they can lead to significant injuries. When tenants provide notice of these issues and landlords fail to act, the law often views that as negligence.
Another important factor is breach of promise. When a landlord assures a tenant that repairs will be made, whether in writing or conversation, that promise creates an expectation of safety. If the work is never done and an injury occurs, the landlord’s failure to follow through strengthens the claim against them. Courts often consider this evidence of disregard for tenant well-being.
Liability can also extend to security concerns. An apartment complex with broken gates or missing locks on exterior doors exposes tenants to foreseeable criminal acts. In those circumstances, the lack of basic security can be seen as a direct failure to provide a safe environment.
Tenant’s Responsibilities
Tenants also carry responsibilities under Florida law. They must keep their units sanitary, avoid damaging fixtures, and correctly use plumbing and electrical systems. A tenant who creates their own hazard cannot later blame the landlord for resulting injuries. For instance, someone who leaves spilled water in the kitchen and then slips on it is responsible for their own fall.
Prompt reporting of hazards is equally essential. A landlord cannot fix what they do not know about, and the law recognizes this. While landlords are expected to make reasonable inspections, tenants are still required to notify them about dangers inside their units. The timeline between notice and accident often becomes a central issue.
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What to Do After an Injury?
When an injury happens, health comes first. Seek medical treatment and follow through with all recommended care. After that, documenting the scene is crucial. Take photographs of the hazard, keep copies of repair requests, and gather statements from neighbors or others who knew about the unsafe condition. These details often become the backbone of a legal claim. It also helps to keep copies of hospital bills, pharmacy receipts, and any paperwork related to missed work, since these records can show the financial impact of the accident.
Keeping communication in writing is another smart step. Emails, texts, or letters to the landlord create a record of notice, which can later show that the landlord had time to correct the danger. Even if the landlord denies receiving the complaint, written proof makes it harder to dispute.
Florida law allows two years from the accident date to bring a personal injury claim against a negligent landlord. This window can close quickly, especially while medical treatment and daily challenges take priority. Acting sooner rather than later helps preserve evidence and strengthens the chance of a successful case.
Contact an Experienced Injury Attorney
Landlord liability cases are often complicated, and no two are the same. At Catania and Catania, we understand the pressure tenants face when hurt in their homes. Our firm has decades of experience standing up for injured tenants, and we know what it takes to prove negligence in Florida courts.
If you or a loved one has been injured because a landlord failed to maintain safe property conditions, we are ready to help. Call us at (813) 222-8656 today to schedule a free consultation and learn more about how we can protect your rights.
Peter F. Catania
A Tampa injury attorney holds a B.A. from the University of Florida and a J.D. from Loyola University. He is a member of the Trial Lawyers of America and the Academy of Florida Trial Lawyers.
He started his career as a defense lawyer for insurance companies, gaining valuable insight into the industry. In 1992, he co-founded Catania & Catania with his brother to advocate for injury victims in Florida. As seen in the AV preeminent awards.
