In June 2018, Geraldo Perez rented an apartment from Belmont at Ryals Chase, managed by Webb Realty. The lease made Belmont responsible for maintaining the property’s structural elements, like flooring. Loose tiles at the entrance became a problem, and Perez’s wife reported it twice to Belmont and Webb, but they didn’t fix it. On April 10, 2019, Perez fell on the tiles, got injured, and sued for negligence.
Belmont and Webb argued the tiles were an “open and obvious” hazard, so they weren’t liable. The trial court sided with them, granting summary judgment and saying landlords only fix hidden issues. Perez appealed, and the Second District Court of Appeal reversed the ruling. Citing Mansur v. Eubanks, the court said Florida law requires landlords to repair known dangers after a tenant moves in, especially once they’re notified—tenant awareness doesn’t let landlords off the hook. The trial court had misread Youngblood v. Pasadena, which applied to pre-lease duties, not ongoing ones.
The full opinion iis mbedded below: