Landlord Question and Answer Forum

I am a little confused by the wording in the Florida Statutes over the responsibility of termites found within our rented duplex. I am thinking it is our (the Landlord) responsibility however a paragraph states; The landlord is not required to maintain a mobile home or other structure owned by the tenant. The landlord’s obligations under this subsection may be altered or modified in writing with respect to a single-family home or duplex. (2)(a) Unless otherwise agreed in writing, in addition to the requirements of subsection (1), the landlord of a dwelling unit other than a single-family home or duplex shall, at all times during the tenancy, make reasonable provisions for: 1. The extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs. When vacation of the premises is required for such extermination, the landlord is not liable for damages but shall abate the rent. The tenant must temporarily vacate the premises for a period of time not to exceed 4 days, on 7 days’ written notice, if necessary, for extermination pursuant to this subparagraph. We have in our rental agreement that the renter is responsible for “keeping the Leased Premises free of pests and for paying for any Pest Control Service as required.” The tenant signed in acceptance. Although, we were implying household pests ie roaches, ants etc. Our tenant told us recently, they are not paying for something that is not evident. They are also being flippant, being dishonest and making accusations against us. We are being accused of going into the property and sanding down the top part of the door leaving sawdust to resemble termites. We have not said anything to our tenant about them paying for termite treatments because we thought it was our responsibility. Someone has told us otherwise as the property is a duplex. Can someone please confirm the Florida Law for termite treatment in a duplex? Thank you.
Suzanne R, FL on Thursday, August 6, 2020
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