This is a complete guide on who is responsible for appliances in a rental property.
We’ll cover who has to install, repair and maintain appliances.
These rules only apply to Florida rental properties.
Let’s jump right in.
Here is when it’s the landlord’s responsibility and when it becomes the tenant’s responsibility:
Who has to Provide the Appliances in a Rental Property
According to Florida state law, landlords are not legally required to provide kitchen appliances, washing machines, dryers, air conditioning units or other major appliances. However, landlords are required to provide a properly working heating furnace. To encourage long term renters, most landlords provide basic appliances in a rental unit.
When is a landlord legally responsible for providing appliances
Florida Landlord-Tenant Law doesn’t require a landlord to be responsible for major appliances. However, landlords are legally responsible for heat during the winter (furnace), hot water (water heater) and running water. A landlord may choose to assume responsibility by including a clause in the rental agreement that states that they will provide major appliances.
While air conditioning in Florida rental properties is used more often than heat, it is not legally mandated. Therefore, landlords do not legally have to provide central air handlers and/or window air conditioners.
Why landlords usually provide major appliances in rental properties
While not required, Florida rental property owners will usually provide basic appliances in their rental units. These typically include air conditioners, dishwashers, refrigerators, microwaves, washing machines, dryers and more. Furnishing a property with appliances, ensures longer lease terms and allows landlords to charge a higher price for rent.
Installing high-end appliances helps increase the perceived value and visual appeal of a rental property. Allowing landlords to charge more money to affluent renters who are attracted to a certain style of living. Even though a landlord may choose to install appliances, they are not legally required to maintain or repair them, unless stated in the lease agreement.
Many renters such as retirees and younger renters, will only rent homes with appliances included. For these type of tenants, appliances help your investment property stay occupied. To attract these tenants, consider “apartment-sized” smaller appliances or check scratch-and-dent appliance stores to offer more value.
When are tenants responsible for providing appliances?
Some landlords don’t provide appliances to avoid maintaining them or dealing with any repairs. When tenants supply their own appliances, they agree to install, maintain, repair and remove their own appliances. This option is great for long term renters who want to set up their rental unit for the years to come.
Landlords typically charge less for the monthly rent and tenants purchase the brands they want. It’s a win-win situation for tenants who are picky, have a stable income, but not enough for a down payment on a home purchase. Landlords can price their rental unit below market rate and attract a large pool of potential renters.
The tenant-provided appliance model is popular in single-family homes and duplexes, since tenants get a feeling of ownership. Tenants can bring their own appliances from their previous home or purchase new appliances that are tailored to them and their aesthetic tastes. Bringing their own appliances gives tenants the chance to tailor the home to their needs and style, rather than having to work around basic appliances.
Who is required to Maintain Appliances in a Florida Rental Property
According to Florida state law, landlords are not legally required to maintain appliances. Even if a landlord provides a major appliance, they are not required to maintain them unless it’s outlined in the lease agreement. Tenants who provide or install an appliance, assume responsibility for maintaining them.
Many landlords choose to maintain essential appliances to increase rental property appraisal values. A properly working and well maintained air conditioner increases the property value when refinancing an investment property.
Who has to Fix a Broken Appliance in a Florida Rental Property
Florida law does not legally require landlords to repair broken appliances. However, landlords will generally repair them to maintain property values and keep tenants happy. Even if a landlord provides an appliance, they are not required to repair them unless it’s outlined in the lease agreement.
Tenants who purchase or bring their own appliances, are responsible for repairing them. Also, if a tenant deliberately or negligently caused the appliance to break, the tenant would assume responsibility for repairing it. For example, breaking the glass surface of an electric stove, breaking refrigerator shelving, a broken oven door or setting the microwave on fire by using metal.
Some landlords state that they are responsible for appliance repairs up to $100. This offers tenants a margin of safety and helps landlords reduce their overhead. Another option is for the landlord to provide an appliance, but clearly state that the appliance can be removed, should the tenant choose not to repair it.
Appliance Repair Time Frame
According to Chapter 83 Title VI (Section 201), a landlord has 20 days to repair an appliance that they are legally responsible for, following receipt of a written notice from the tenant. This Florida state law applies to heating furnaces that provide heat, water heaters that provide hot water and any major appliances that the landlord is responsible for as stated in the lease agreement.
If the rental agreement states that the landlord is responsible for repairing the appliances in the rental property, the same Florida law applies. Tenants are required to notify the landlord if a major appliance needs to be repaired. The written notice must be in writing, delivered by certified mail or in person.
How long do landlords have to repair appliances
After the receiving the written notice, the landlord has 7 days to repair the appliance, otherwise known as “Notice to Cure”. If the landlord does not repair an appliance that they are legally responsible for within 20 days, the tenant can withhold rent, known as “rent withholding“. If the notice is mailed, the landlord is given 5 additional days to receive the letter and respond.
Florida State Laws for Rental Properties
Here are the provisions covering landlord-tenant appliance repairs in Chapter 83 Title VI (Section 201) of the Florida Statutes. As described on the official website of the Florida Legislature and Florida Senate.
“Notice to landlord of failure to maintain or repair, rendering premises wholly untenantable; right to withhold rent. When the lease is silent on the procedure to be followed to effect repair or maintenance and the payment of rent relating thereto, yet affirmatively and expressly places the obligation for same upon the landlord, and the landlord has failed or refused to do so, rendering the leased premises wholly untenantable, the tenant may withhold rent after notice to the landlord. The tenant shall serve the landlord, in the manner prescribed by s. 83.20(3), with a written notice declaring the premises to be wholly untenantable, giving the landlord at least 20 days to make the specifically described repair or maintenance, and stating that the tenant will withhold the rent for the next rental period and thereafter until the repair or maintenance has been performed. The lease may provide for a longer period of time for repair or maintenance. Once the landlord has completed the repair or maintenance, the tenant shall pay the landlord the amounts of rent withheld. If the landlord does not complete the repair or maintenance in the allotted time, the parties may extend the time by written agreement or the tenant may abandon the premises, retain the amounts of rent withheld, terminate the lease, and avoid any liability for future rent or charges under the lease.”
Implied Warranty of Habitability
The Implied Warranty of Habitability outlines the rights of tenants that requires landlords to provide a safe and habitable rental unit. This includes working appliances if they are included in the rental agreement. Since it’s “implied”, the clause doesn’t have to be included in a rental agreement.
Similar to the other 49 states, Florida law does not detail or outline the exact meaning of the term. Leaving Florida courts the ability to interpret the implied warranty of habitability in their own way, leaving room for varying interpretations.
Section 8 Voucher Program Requirements
The U.S. Department of Housing and Urban Development (HUD) does not require landlords to provide appliances in rental properties. However, landlords must follow housing quality standards to participate in the Section 8 Housing Choice Voucher Program. Appliances are not mandated, but the unit must have essential utilities, such as running water and hot water.
According to housing quality standards (HQS), if a landlord provides appliances, they must be in good working order, in compliance with local building codes and follow all the safety standards. Additionally, the rental agreement should specify who is responsible for sourcing appliances, maintaining and repairing broken appliances.
FHA Loan Requirements
FHA does not require specific appliances to be provided, but it does require essential utilities, such as heat, hot water and running water. While not required for most, some FHA lenders require a stove. Some FHA lenders will require an exhaust fan if a rental property has an over-the-range microwave.
Hard Money Lender Requirements
Florida hard money lenders do not require landlords to install appliances. However, appliances raise appraisal values. For example, stainless steel appliances result in higher ARV values when applying for a fix and flip loan. Therefore, landlords get approved for higher loan amounts.
For 30 year rental loans, basic appliances increase the potential monthly rent that an investment property can produce. Since hard money lenders take potential monthly rent into account, providing appliances directly affects a landlords ability to secure a hard money loan in Florida.