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Overview
Florida does not have specific state legislation addressing mold in rental properties. However, mold issues fall under the broader landlord-tenant obligations established in Florida Statutes Chapter 83 (Florida Residential Landlord and Tenant Act), which requires landlords to maintain rental properties in a safe and habitable condition. Due to Florida's humid subtropical climate, mold growth is a common concern for tenants and landlords alike. While the word 'mold' does not appear in the statute, significant mold problems stemming from a landlord's failure to maintain the property can constitute a violation of habitability standards. [Florida Rules Regarding Mold in Rental Properties - Nolo]
What to Do Now
Most people come here because they need practical next steps quickly. Start here, then use the legal sections below for your state-specific rights.
- Fix active leaks immediately and dry wet materials within 24 to 48 hours.
- Document visible mold with photos, dates, and affected rooms before cleanup.
- If you rent, send written notice and keep copies. Use the documentation guide to track everything.
- Compare your options in the DIY vs professional guide before starting larger cleanup.
- If symptoms are present, review when to seek medical care.
Tenant Rights
Right to Habitable Premises
Tenants have the right to a rental unit that is safe, sanitary, and fit for habitation. Visible mold or conditions conducive to mold growth (such as unrepaired leaks or water intrusion) can violate this standard. The implied warranty of habitability is a fundamental right in Florida that cannot be waived in any lease agreement.
Right to Terminate Lease for Landlord Noncompliance
If the landlord materially fails to comply with Section 83.51(1) or material provisions of the rental agreement within 7 days after receiving written notice from the tenant specifying the noncompliance, the tenant may terminate the rental agreement. The notice must indicate the tenant's intention to terminate if the issue is not corrected.
[Florida Statutes Section 83.56 - Termination of Rental Agreement]
Landlord Responsibilities
Maintain Premises in Habitable Condition
Landlords must comply with applicable building, housing, and health codes throughout the tenancy. This includes maintaining structural components, plumbing, and addressing conditions that could lead to mold growth such as water leaks, roof damage, or inadequate ventilation.
[Florida Statutes Section 83.51 - Landlord's Obligation to Maintain Premises]
Address Mold Problems Within Reasonable Time
Once notified by the tenant of a mold problem, landlords are expected to address the issue within a reasonable period of time. While Florida law does not specify an exact timeframe for mold remediation, the 7-day notice period under Section 83.56 establishes a general expectation for responding to maintenance issues.
Remedies Available to Tenants
Rent Withholding
Available: Tenants may withhold rent if the landlord materially fails to comply with Section 83.51(1) after receiving proper 7-day written notice specifying the noncompliance and the tenant's intention to withhold rent. If the landlord files an eviction action, tenants must deposit accrued rent into the court registry within 5 days of being served to preserve their defenses. Failure to deposit rent into the court registry waives the tenant's defenses and entitles the landlord to an immediate default judgment.
[Florida Statutes Section 83.60 - Defenses to Action for Rent or Possession]
Repair and Deduct
Not Available: Florida statutes do not provide a repair-and-deduct remedy. Tenants generally must use the statutory notice-and-termination process, rent abatement, or court remedies rather than making repairs and deducting costs from rent.
Breaking a Lease Due to Mold
Documentation and Escalation
Mold Risk in Florida
Understanding Florida's unique climate and environmental factors helps explain why mold can be a significant concern in rental properties.
Florida's Humid Subtropical and Tropical Climate
Florida has a humid subtropical climate in the north and tropical climate in the south. Average humidity ranges from 74-77% year-round, with summer humidity often exceeding 90% in the mornings. Annual rainfall averages 54 inches, with intense afternoon thunderstorms common from June through September. This consistent warmth and moisture creates ideal conditions for year-round mold growth.
Highest Mold Risk State
Florida consistently ranks as one of the top states for mold exposure risk in the United States. Studies indicate Florida, along with Louisiana and Mississippi, have the highest rates of mold-affected housing. The combination of high humidity, frequent rainfall, hurricane damage, and air conditioning use (which can cause condensation) makes Florida particularly challenging for mold prevention.
Florida Mold Health Impact
According to the Florida Department of Health, mold exposure can cause or worsen respiratory conditions, allergic reactions, and asthma. Florida's high mold exposure rates contribute to elevated asthma prevalence in the state. The EPA estimates that 30-50% of structures have damp conditions that can encourage mold growth—a figure likely higher in Florida's climate.
Hurricane and Flood Damage
Florida faces more hurricane landfalls than any other state. Hurricane damage from roof leaks, flooding, and extended power outages (disabling dehumidification) leads to widespread mold problems. After hurricanes, FEMA and CDC have documented significant mold exposure concerns in affected communities. Mold can begin growing within 24-48 hours of water intrusion.
Air Conditioning Dependency
Florida's reliance on air conditioning creates unique mold challenges. AC systems that are improperly maintained, undersized, or have drainage problems can become significant mold sources. Condensation on AC components, clogged drain lines, and ductwork with inadequate insulation are common mold contributors in Florida rentals.
Common Mold Types in Florida
South Florida's tropical climate supports year-round mold growth, while North Florida sees slightly reduced mold pressure in winter. Coastal areas face additional challenges from salt air corrosion affecting building envelopes. Post-hurricane mold growth is a recurring problem throughout the state.
Aspergillus
One of the most common molds in Florida homes. Can cause aspergillosis in immunocompromised individuals. Frequently found in HVAC systems, on damp walls, and in attics with poor ventilation.
Cladosporium
Thrives in Florida's warm, humid conditions. Often found on bathroom surfaces, carpet, and HVAC systems. Can trigger allergic reactions and asthma symptoms.
Stachybotrys chartarum (Black Mold)
Requires very wet conditions to grow. Common after flooding and hurricane damage. Produces mycotoxins and is associated with serious respiratory problems.
Penicillium
Spreads rapidly in water-damaged materials. Very common in Florida due to high humidity. Can cause allergic reactions and respiratory issues.
Alternaria
Common in Florida's outdoor environment and enters homes easily. Found in showers, under sinks, and areas with water damage. Major allergen for many people.
Mold Professional Requirements in Florida
Mold Assessor Licensing (MRSA)
Florida requires Mold Assessors to be licensed by the Florida Department of Business and Professional Regulation (DBPR). Assessors must complete state-approved training, pass a state examination, and hold liability insurance. They conduct inspections, collect samples, and write remediation protocols.
Certifying Body: Florida Department of Business and Professional Regulation (DBPR)
Mold Remediator Licensing (MRSR)
Florida requires Mold Remediators (MRSR) to be licensed. Remediators must complete state-approved training, pass a state examination, and maintain $1 million in general liability insurance. Licenses must be renewed every 2 years with 14 hours of continuing education. The law prohibits the same entity from performing both assessment and remediation on the same project.
Certifying Body: Florida Department of Business and Professional Regulation (DBPR)
Regulatory Agency
Florida Department of Business and Professional Regulation (DBPR)
Visit Website → | Phone: 850-487-1395
Mold Legislation in Florida
Enacted laws, pending bills, and historical legislation related to mold in Florida.
Enacted Laws
Chapter 2010-106 and Chapter 2010-176: Mold-Related Services Licensing Amendments
Amended Florida Statutes Chapter 468, Part XVI to strengthen mold assessor and remediator licensing requirements. Required all mold remediation contractors to be licensed by the Florida Department of Business and Professional Regulation (DBPR) by July 1, 2010. Established continuing education requirements, insurance mandates, and penalties for unlicensed activity.
Impact: Formalized Florida's comprehensive mold licensing program, making it one of the strictest in the nation. The law prohibits the same entity from performing both assessment and remediation on the same project to prevent conflicts of interest.
Implied Warranty of Habitability
Under Florida Statute 83.51, landlords must comply with the requirements of applicable building, housing, and health codes, or where no codes apply, maintain the structural components (roofs, windows, doors, floors, steps, porches, exterior walls, foundations) in good repair and keep plumbing in reasonable working condition. For multi-unit dwellings, landlords must also provide pest control, functioning locks, common area maintenance, garbage removal, and working heat, water, and hot water systems. The implied warranty of habitability in Florida means rental units must be furnished with essentials required to live comfortably, and this right cannot be waived in any rental agreement. [Florida Statutes Section 83.51 - Landlord's Obligation to Maintain Premises]
Mold Disclosure Requirements
Notable Mold Court Cases in Florida
These cases have shaped mold litigation and tenant rights in Florida. Understanding legal precedents can help inform your own situation.
Habitability Mold Case (Florida, 2024) (2024)
Summary: A Florida jury awarded $48.25 million to a tenant who lived in an apartment with toxic mold for approximately 1.5 years. The tenant alleged the landlord failed to address persistent mold caused by water intrusion, leading to serious health consequences.
Outcome: $48.25 million verdict including $35 million for pain and suffering and $10 million for future medical costs.
Significance: One of the largest mold verdicts in U.S. history. Signals increasing judicial willingness to impose substantial damages for landlord negligence on mold, even in states without specific mold statutes.
South Florida Condo Mold Case (2023)
Summary: A south Florida jury awarded $5.5 million to a woman who sued her condominium association after years of water infiltration and mold. Environmental testing found significant airborne concentrations of harmful mold spores, yet the defendant failed to act.
Outcome: $5.5 million jury verdict for habitability violations and negligent failure to address persistent water infiltration and mold contamination.
Significance: Demonstrates that condo associations, not just landlords, can face substantial liability for failing to address mold caused by water intrusion in common elements.
Source: Insurance Journal - South Florida Condo Mold Verdict
Local Regulations
Some cities in Florida have additional mold regulations:
Major City Mold Guides
Start with a local guide, then review the full Florida mold law details.
Jacksonville, FL
Local mold risks, prevention priorities, and next steps for Jacksonville.
Miami, FL
Local mold risks, prevention priorities, and next steps for Miami.
Tampa, FL
Local mold risks, prevention priorities, and next steps for Tampa.
Orlando, FL
Local mold risks, prevention priorities, and next steps for Orlando.
St. Petersburg, FL
Local mold risks, prevention priorities, and next steps for St. Petersburg.
Financial Assistance for Mold Remediation
These programs may help cover the costs of mold assessment and remediation for eligible residents in Florida.
USDA Section 504 Home Repair Program
Provides loans up to $50,000 and grants up to $10,000 for very low-income homeowners to repair, improve, or modernize their homes, including mold remediation.
Eligibility: Very low-income homeowners (below 50% of area median income). Grants limited to homeowners age 62 or older.
Coverage: Loans: up to $50,000 at 1% interest for up to 20 years. Grants: up to $10,000.
Phone: 1-800-670-6553Learn More →
FEMA Individual Assistance
After federally declared disasters (common in Florida due to hurricanes), FEMA may provide assistance for mold remediation caused by disaster-related water damage.
Eligibility: Residents in federally declared disaster areas with disaster-caused damage not covered by insurance.
Phone: 1-800-621-3362Learn More →
Florida SHIP Program
The State Housing Initiatives Partnership (SHIP) program provides funds to local governments for affordable housing activities, which may include home repairs and rehabilitation including mold remediation.
Eligibility: Income-eligible households. Specific programs vary by county.
University Extension Resources
These research-based resources from university extension programs provide reliable information on mold prevention and remediation.
Frequently Asked Questions
Does Florida have specific mold laws for rental properties?
No, Florida does not have specific state legislation addressing mold in rental properties. However, mold issues are covered under Florida Statutes Chapter 83, which requires landlords to maintain properties in habitable condition and comply with applicable building, housing, and health codes. Significant mold problems can constitute a violation of these habitability standards.
Can I withhold rent if my Florida rental has mold?
Yes, but you must follow proper procedures. First, send your landlord written notice specifying the mold problem and indicating your intention to withhold rent if it's not fixed within 7 days. If the landlord files an eviction action, you must deposit accrued rent into the court registry within 5 days of being served to preserve your defenses. Consult an attorney before withholding rent.
How long does a Florida landlord have to fix a mold problem?
Florida law doesn't specify an exact timeframe for mold remediation. However, under Section 83.56, tenants must give landlords 7 days to address material noncompliance with habitability requirements after receiving written notice. Landlords are generally expected to address mold problems within a reasonable period of time after notification.
Official Resources
These official resources can help you understand your rights and take action: