Property Leasing: Must Florida Landlords Disclose Code Violations?

What to take away

In Florida property leasing, a commercial landlord generally has no statutory duty to volunteer building code violations, so the lease and buyer-style due diligence carry the load.
The certificate of occupancy is the record that proves a space may be used as intended, and the tenant should obtain it before signing.
OSHA duties attach to the employer who controls the workspace, not automatically to the landlord.
Federal lead, mold and radon rules apply to older Florida buildings in specific situations, mostly renovation and disclosure at sale or lease.
Lease clauses can shift disclosure risk, so read indemnity, as-is and estoppel language closely.

What Florida law does and does not require a commercial landlord to disclose

Florida Statutes Chapter 83 distinguishes nonresidential tenancies in Part I from residential tenancies under Part II, the Florida Residential Landlord and Tenant Act. Chapter 83 does not impose a general requirement that a commercial landlord volunteer every building-code violation. There is an important statutory exception: Fla. Stat. § 404.056(5) requires a radon warning statement in a contract for the sale or lease of any building, including a commercial building.

Florida's Supreme Court recognized a seller's duty to disclose certain known, material facts that are not readily observable in Johnson v. Davis, 480 So. 2d 625 (Fla. 1985). That decision concerned a property sale; it does not establish a blanket disclosure duty for commercial leases. Active concealment or a knowingly false statement about a premises may still support a fraud or misrepresentation claim, depending on the facts.

Latent defects that a landlord knows about and that a tenant cannot discover are the riskiest ground. A leaking roof, a failing HVAC system or an unpermitted build-out may not surface in a walkthrough. The lease usually decides who bears that risk.

The practical answer: Florida commercial lease disclosure duties are mostly contractual, not statutory. The radon warning required by Fla. Stat. § 404.056(5) is a specific statutory exception; otherwise, the lease and the facts surrounding any alleged concealment matter.

A tenant who wants real protection should negotiate specific representations and a document delivery schedule rather than rely on general law. A commercial lease checklist read in document order helps catch the gaps before signature.

Building code violations: who holds the certificate of occupancy and the records

A certificate of occupancy is the local document that identifies an approved occupancy or use. Florida's 8th Edition (2023) Florida Building Code—Building, § 111.1, addresses when a building or space may be used or occupied before a certificate is issued. The city or county building department with jurisdiction issues the certificate after required inspections, and the tenant should verify it covers the exact suite and intended use.

Local building departments and code enforcement offices keep permit files, notices of violation and inspection histories. Request those records from the city or county with jurisdiction; under the Florida Public Records Act, Fla. Stat. Chapter 119, identify the property address or parcel and ask for permits, inspection records, open violations and the certificate of occupancy. Some jurisdictions publish records online, while others process requests through a local portal or records office.

Ask who holds the certificate of occupancy for the exact suite and use you are signing for. A certificate for the building shell does not cover a later tenant build-out, and a change of use often requires a new or amended certificate.

Unpermitted work is common in older Florida commercial stock. A prior tenant may have added walls, a kitchen or a mezzanine without permits. Those items may be invisible in a lease abstract but visible in the permit file.

Code compliance records also matter for insurance and financing. A lender or insurer may ask for the certificate and the permit history. If the file shows open violations, the deal can stall.

Florida's 8th Edition (2023) Florida Building Code is based on International Code Council model codes and includes Florida amendments; local amendments may also apply. The code edition that governed a permit can depend on when the permit was issued, so check the applicable edition and amendments with the authority having jurisdiction for the address, not a neighboring city.

A tenant should also confirm whether a special use, conditional use or variance is required. Those approvals are handled separately from the certificate of occupancy and should be verified with the local planning or zoning department. For broader lease planning, see commercial leasing services, but confirm the required approvals with the local authority.

OSHA conditions in occupied workspace and where the duty sits

OSHA regulates workplace safety, not a landlord's general duty to disclose building-code violations. The Occupational Safety and Health Act, 29 U.S.C. § 654(a), places workplace duties on employers; a landlord's responsibility can depend on whether it creates or controls the hazard.

That distinction matters in shared buildings. A lease should allocate responsibility for common areas, building systems and construction activity, while the tenant remains responsible for hazards in its own workspace and for its employees.

Federal OSHA regulations cover workplace conditions such as exits, electrical safety, walking-working surfaces, ventilation and hazard communication. They are separate from local building-code records, so a tenant should check both the lease allocation and any relevant inspection history.

Florida is among the states where federal OSHA runs the program directly rather than through an approved state plan. The State Plans | Occupational Safety and Health Administration page explains how state-run programs differ from federal enforcement.

A tenant moving into a space with blocked exits, damaged electrical panels or missing guardrails should identify who will correct the hazard before opening. OSHA compliance is an operating issue as well as a lease-allocation issue.

Leases sometimes assign workplace or building-system compliance to the tenant. Before signing, identify the work required and negotiate which party will perform it and pay for it.

Environmental disclosures: lead, mold and radon in older Florida buildings

Federal lead requirements are specific to the property's use and the work being done. The EPA's Lead-Based Paint Disclosure Rule, 40 C.F.R. Part 745, Subpart F, applies to covered transactions involving target housing, not an ordinary standalone commercial lease. The Renovation, Repair and Painting (RRP) Rule, 40 C.F.R. Part 745, Subpart E, can apply to paid renovation work in pre-1978 target housing and child-occupied facilities.

For covered target-housing sales and leases, the Lead | US EPA disclosure rule requires the prescribed lead warning, disclosure of known lead information and the pamphlet Protect Your Family From Lead in Your Home. The RRP Rule requires covered renovation firms to follow lead-safe work practices and provide the renovation pamphlet Renovate Right. Neither rule makes every commercial lease subject to residential lead disclosures, but a commercial property may have covered child-occupied areas or renovation work.

Mold is not governed by a federal commercial-lease disclosure statute. The EPA and the Florida Department of Health provide mold guidance, but guidance is not a disclosure mandate. A lease can still address moisture history, remediation records and responsibility for future cleanup.

Radon is a gas that can accumulate indoors, and Florida has areas with elevated readings. The EPA recommends testing and mitigation where levels are high. The Radon | US EPA guidance is the starting point for due diligence in ground-floor and basement space.

Older Florida buildings bring their own issues: humidity, hurricane damage, flat roofs, and past flooding. A tenant leasing a ground-floor suite should ask about moisture history, prior remediation and any test results the landlord holds.

Older buildings may contain asbestos or lead-based paint, which can affect planned renovation work. A tenant planning a build-out should ask about existing surveys and determine whether additional assessment or regulated work practices apply before construction.

Lease clauses that shift disclosure risk between landlord and tenant

Most Florida commercial leases are negotiated documents, and several clauses decide who carries disclosure risk.

As-is, where-is:the tenant accepts the premises in current condition, which can limit later claims about undisclosed defects.
Representations and warranties:specific statements about condition, permits and violations, with a stated survival period after signing.
Indemnity:who pays if a code violation or environmental condition leads to a claim.
Estoppel:a tenant's written confirmation of lease facts, which can be used against it later.
Access and inspection:the landlord's right to enter, and the tenant's right to investigate before signing.
Compliance with laws:whether the landlord or tenant must bring the space up to current code.
Casualty and condemnation:what happens if the building is damaged or taken.

A tenant can negotiate around as-is language with a short representation schedule and a cure period. A landlord can protect itself with a clear disclosure of known conditions and a tenant acknowledgment.

The cleanest approach is a lease schedule listing known violations, open permits, notices and environmental conditions, with a named party responsible for each item and any agreed cure deadline. There is no general statewide commercial code-violation disclosure form that replaces this negotiation. The commercial leasing rules that govern the lease, and the employer duties that follow, should be read together before signature.

Due diligence a tenant can run before signing in Florida

Due diligence is the tenant's way to verify what the lease and landlord disclose; it does not replace the specific radon warning required by Florida law. Chapter 83 does not create a general commercial code-violation disclosure duty, so tenants should check both the lease representations and the public records.

Order the permit, inspection and certificate-of-occupancy file from the city or county building department with jurisdiction for the exact address and suite.
Request code enforcement records, open violations, notices of violation and unsafe-structure findings. A public-records request under Fla. Stat. Chapter 119 should identify the address or parcel and the records sought.
Ask the landlord for prior environmental reports, roof and HVAC records, and any moisture or mold remediation history.
Walk the space with a licensed inspector and photograph conditions, exits, panels and mechanical rooms.
Confirm the allowed use and any special approvals with the local planning department.
Check insurance availability and cost for the building and the intended use.
Negotiate written representations, a cure period and an indemnity before signing.

For example, the City of Miami's building-permit office serves properties within its jurisdiction, while the Miami-Dade County Property Appraiser can help identify parcel details; the appraiser is not the code-enforcement record keeper. The Florida Department of Business and Professional Regulation (DBPR) can be used to check a contractor's license, not to verify local building violations.

Certificate of occupancy for the exact suite and intended use
Permit and inspection history, including open permits
Code enforcement records, notices and violation status
Environmental reports and moisture or remediation history
Insurance and financing conditions
Written lease representations, cure obligations and indemnity
Zoning, special-use and other approval confirmation

Example. A tenant signs a five-year lease for a 4,000 square foot retail suite in an older Florida strip center. The lease is as-is. After opening, the city cites an unpermitted wall and a missing exit sign. The tenant pays for demolition, permits and a new certificate of occupancy, because the lease put code compliance on the tenant. Had the tenant pulled the permit file first, the open permit would have appeared, and the tenant could have negotiated a landlord cure obligation or a rent credit.

A tenant that treats the lease as the disclosure document, and the public records as the verification, is in a much stronger position. The zoning and permits systems that approve the use are separate from the lease, and the commercial leasing requirements that apply to the deal should be checked against both.

Common questions

Does a Florida commercial landlord have to disclose building code violations?

No general law requires a commercial landlord to volunteer every code violation. The lease and the facts of any alleged concealment or false statement matter. A separate statutory exception is the radon warning required in building leases by Fla. Stat. § 404.056(5).

Who is responsible for OSHA compliance in a leased workspace?

The employer whose workers occupy the space usually carries the duty. A landlord can be liable where it controls the hazard or the work, so the lease should state who handles each condition.

Does a certificate of occupancy transfer with a commercial lease?

The certificate runs with the building or the approved use, not with the tenant. A change of use or a new build-out often requires a new or amended certificate from the local building department.

Are lead, mold and radon disclosures required in Florida commercial leases?

Florida Statutes § 404.056(5) requires a radon warning statement in a contract to lease any building. Federal lead disclosures apply to covered target-housing transactions, and lead-safe renovation rules can apply in specified settings. Mold guidance from the EPA and Florida Department of Health is not a general commercial disclosure statute.

Can a lease waive a tenant's right to sue over undisclosed violations?

As-is and waiver clauses limit claims, but they do not protect a landlord from fraud or from knowingly false statements. Specific representations and a cure period are stronger than a general waiver.

How long should due diligence take before signing in Florida?

Allow enough time to pull permit and code enforcement records, inspect the space and confirm zoning. Public records requests can take days to weeks, so start before the letter of intent expires.