Tenants Rights to Electricity in Florida Law
Electricity is a basic necessity in modern residences. There is no express right to electricity for tenants in Florida landlord-tenant law, which makes sense because the tenant is usually responsible for paying utilities, and a right to electricity would make it ambiguous who had to pay the electrical bill. Florida's public health code makes electric lighting and working electrical outlets mandatory in residential migrant housing.
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Landlord Responsibilities
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Under Florida law, the landlord is required to provide a unit that has hot water and heat in the winter. Both of these requirements strongly imply the use of electricity. Landlords are furthermore required to comply with all state and local housing, building and health codes, which is where the standards for the number of electrical outlets in a residential building are contained.
Tenant Responsibilities
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Under Florida law, the tenant also has the responsibility to comply with applicable health and safety codes. They are obligated to use electrical appliances in a reasonable manner and not to destroy the landlord's property. The landlord might not be liable for a loss of electricity that results from the tenants violation of these responsibilities. In other words, the landlord is responsible for ensuring the wiring and outlets conform to state codes, but the tenant is responsible for contracting with a utilities provider and paying the electrical bill.
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Contract Rights
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Notwithstanding the requirements of Florida, parties to a rental or lease agreement have broad power to include custom provisions into the agreement. It is possible for a landlord to assume responsibility for providing electricity if the tenant remains in good standing by paying rent on time. This can occur if the rental price includes utilities, in which case the tenant has a right to receive the agreed-upon services if she upholds her end of the contract.
Public Health and Building Code
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Florida law includes several protections for migrant workers, an essential part of the state's agricultural industry. Migrant worker housing must include at least one ceiling light fixture and at least one double electrical wall outlet in each habitable room. The Florida building code requires that all residential building be compliant with NFPA 70, the national electrical code that mandates best practices for safe wiring and installation.
Other Utilities
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Despite the absence of an express right to electricity in Florida law, Chapter 83 of the Florida Statutes does require a landlord to provide for garbage pickup, sewage and plumbing. The landlord is also required to provide for the extermination of rats and pests, running water and working smoke detectors.
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References
Resources
- Photo Credit electrical box image by jimcox40 from Fotolia.com
