Are Landlords Required To Provide AC In Florida?

Florida is known for many things, such as alligators, oranges, and amusement parks. It is also known for being pretty hot! Florida is the Sunshine State, after all - and its summer temperatures really reflect its nickname.

Despite Florida’s climate, landlords in our state are not actually required to provide air conditioning for residential properties. If there was air conditioning when the tenants signed the lease, then landlords are required to maintain the units (including repair or replacement as necessary). Beyond the legal aspects, it is a smart idea to make sure that your Florida rental properties are air-conditioned so that they are more attractive to prospective renters.

At Eaton Realty, we offer full-service real estate services to buyers, sellers, landlords, and tenants in Hillsborough County. As experienced property managers, we can offer our insight into the kind of features (like air conditioning) that tenants expect in West Central Florida. We can also help you maintain your properties, including by responding to tenant maintenance and repair requests. Reach out today to talk to a team member about our property management services in the Tampa region.

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Does Florida Law Require Landlords to Provide Air Conditioning?

Under Florida’s Landlord-Tenant Law, landlords have a specific legal obligation to maintain the premises in a habitable condition. This law specifically requires landlords to make “reasonable provisions for” functioning facilities for heat during the winter, along with running water and hot water. This law does not require landlords to provide air conditioning for their residential rental properties.

This fact might be surprising to tenants and landlords alike. After all, Floridians tend to use air conditioning far more than heat given the hot climate in our state. Yet there is no law that requires landlords in Florida to provide air conditioning. They are only required to provide heat. A bill to require landlords to provide air conditioning was introduced in 2021 but ultimately failed.

This might seem strange in a state where the average summer temperature hovers in the mid-80s to the mid-90s. In the Tampa region, which is a subtropical environment, the humidity adds another layer to the heat. Even if not kept particularly cold, air conditioning can help to remove humidity from the air and keep a home more comfortable. It can also prevent heat-related deaths and even illnesses. Despite these realities, Florida law does not require landlords to install air conditioning at their rental properties.

Legal Requirements For Existing Units

If the unit had air conditioning at the start of the lease, the landlord has a legal obligation to maintain the air conditioner. If you fail to do so, then the tenant can withhold rent or potentially even terminate the lease.

For example, consider a situation where a landlord owns a rental property with a central air conditioning unit. During a heat wave, the air conditioner breaks. If the landlord refuses to pay to fix the air conditioning unit, then the tenant could stop paying rent. They could also break the lease based on the landlord’s failure to maintain the premises. If the tenant ends up moving, they could potentially even seek damages for their costs.

Should Your Florida Rental Units Be Air Conditioned?

As explained above, Florida law does not require that rental properties be air-conditioned. If there is air conditioning at a property, however, the landlord will be required to maintain it and keep it in good working order. As a landlord, you might be wondering if it makes sense to provide air conditioning if your rental property does not already have central air or another form of cooling (such as window units).

As an initial matter, the chances of buying an investment property with absolutely no form of air conditioning in Florida are somewhat low. According to data from the U.S. Energy Information Agency (EIA), 96% of all housing units in Florida have some form of air conditioning equipment. 90% of homes in Florida have central air conditioning. While it is certainly possible to buy a residential property that does not have any type of air conditioning, it would be unusual.

Faster Tenant Placement

If your rental property does not have air conditioning, it simply won’t be as marketable or attractive to prospective tenants. Think of it this way: if your rental property is among the 4% of all homes in the state of Florida to not have any type of air conditioning, will tenants choose it over a place with air conditioning? Would you choose to live in a place without air conditioning?

In other words, having air conditioning at your rental properties is a smart business decision. It will be easier to rent out your property if tenants do not automatically exclude it from their search due to a lack of air conditioning. While it is an investment to install and maintain air conditioning, in a state with extremely hot summers, it is well worth it to ensure that your properties are occupied.

Reduced Health Risks

Having air conditioning also helps to keep your tenants happy, comfortable, and (most importantly) safe. Extreme heat can be deadly and can also cause heat-related illness. No landlord wants their tenants to be stuck in an uncomfortable or dangerous environment, which is why it makes sense to have air conditioning at your rental properties.

At Eaton Realty, our experienced property managers recommend regular maintenance of HVAC units as a preventative measure. This helps to ensure that the air conditioning works when your tenants need it the most. Scheduling regular maintenance can also reduce the likelihood of unexpected breakdowns (and bigger repair bills) as problems can often be spotted before they become much larger issues. Our proactive approach to property maintenance can save you money in the long run.

Work with a Certified Property Management Team

While it certainly doesn’t seem to make a lot of sense, Florida law only requires that landlords provide heating and not cooling for residential real estate properties. That being said, most landlords choose to have air conditioning in their rental units. Offering this basic feature can help landlords avoid a situation where they are stuck with empty properties because tenants simply don’t want to live in a place without air conditioning.

Based in Lithia, Eaton Realty is a Tampa property management company that helps property investors find and manage great rental properties throughout Hillsborough County, Florida. Our property managers offer the highest quality service and are led by a NARPM-certified manager. Whether you need help finding a great investment property to buy or assistance with the daily management of your properties, we can make it happen. To learn more about our property management services, fill out our online contact form or call our office at 813-672-8022.

Additional Article On Landlord Requirements

• Is Rental Property Yard Maintenance A Tenant or Landlord Responsibility In Florida?
• Renting A Home With A Pool: Considerations For Owners
• Who Is Responsible For Appliances In A Rental Property?
• Things Landlords Cannot Do in Florida

Resources:

• http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/0083.html
• https://www.wptv.com/news/local-news/investigations/florida-does-not-require-landlords-to-provide-maintain-air-conditioning
• https://www.eia.gov/consumption/residential/data/2020/state/pdf/State%20Air%20Conditioning.pdf