Landlord Won't Make Repairs in Florida: What Can I Do?

What your landlord has to fix

1. 1

   Your landlord must follow your city or county's building, housing, and health codes.

   If none apply, your landlord must keep the structure in good repair: the roof, windows, doors, floors, steps, porches, walls, and foundation.

   Your landlord must also keep the plumbing working, and keep door and window screens in reasonable condition, fixing damage once a year if needed.

   Source:

   1. § 83.51(1), The Florida Senate. Law.
   Tip.

   Take photos of each problem, with the date. Take more if it gets worse.

2. 2

   For a single-family home or a duplex (a building with 2 homes), you and your landlord can make a written agreement. It can change who takes care of some of these repairs.

   Get any change in writing, and keep a copy.

   Source:

   1. § 83.51(1), The Florida Senate. Law.
   Tip.

   Keep a copy of every letter you give your landlord, and keep your mail receipt. Save the texts and emails you send your landlord, and any replies.

3. 3

   Your landlord has more duties if you rent a unit that is not a single-family home or a duplex (a building with 2 homes). This is true unless you both agreed otherwise in writing.

   Your landlord must control pests such as rats, mice, roaches, ants, and bed bugs, and keep locks and keys working.

   Your landlord must also keep shared areas clean and safe, remove garbage, and keep heat working in winter. Running water and hot water must work too.

   Source:

   1. § 83.51(2)(a), The Florida Senate. Law.

Ask in writing

4. 4

   To use your right to end the lease or stop paying rent because of a repair problem, you must send your landlord a letter. The letter must describe the problem and say you plan to end the lease or stop paying rent because of it. Your landlord then has 7 days to fix the problem, counted from when your landlord gets your letter.

   Sources:

   1. Our editorial rules.
   2. § 83.56(1), Florida Senate. Law.
   3. 83.60(1)(b), Florida Senate. Law.
   Your landlord can take you to court.

   If you hold back rent, pay less, or take repair costs out of your rent, your landlord can file an eviction case for unpaid rent. If the judge rules for your landlord, you can owe the rent and court costs and have to move out. Your proof matters. Even a case you win can show up when you apply for a new place. Get legal help first.

5. 5

   You can send this letter by mail, hand deliver it, or email it if your lease allows email notices under Florida's notice rules.

   Your lease cannot take away your right to give this notice this way.

   Source:

   1. § 83.56(4), Florida Senate. Law.

If it is still not fixed

6. 6

   You can also stop paying rent after giving your landlord the same 7-day written notice.

   This can be your legal defense if your landlord later takes you to eviction court for not paying rent.

   The notice must describe the problem and say you plan to stop paying rent because of it. If you do not follow the court's rules exactly, you could lose this defense and be evicted.

   Source:

   1. § 83.60(1)(b), Florida Senate. Law.
7. 7

   If your landlord sues you in court after you stop paying rent, you must pay rent into the court's account.

   This includes rent you owe now and rent that comes due later.

   You have 5 business days after you are served with the case papers to pay, or to ask the court to decide the amount. The clock starts the day you are served.

   If you miss this deadline, you lose every defense except proof that you already paid, and the court can order your eviction right away.

   Source:

   1. § 83.60(2), Florida Senate. Law.
8. 8

   Your landlord cannot raise your rent, cut off services, or try to evict you mainly to punish you for complaining.

   This is against the law if you complained to a code agency about a building, housing, or health problem.

   It is also against the law if you asked your landlord in writing to fix something.

   You must have made your complaint honestly, not just to cause trouble.

   Source:

   1. § 83.64(1), The Florida Senate. Law.

Moving out

9. 9

   If your landlord does not fix a serious problem within 7 days after getting your letter, you can end the lease.

   Sources:

   1. Our editorial rules.
   2. 83.56(1), Florida Senate. Law.
10. 10

    Sometimes the problem is beyond your landlord's control, and your landlord keeps making every reasonable effort to fix it. Then the lease can be ended or changed. If your home is unfit to live in and you move out, you do not owe rent while it stays unfit.

    Sources:

    1. Our editorial rules.
    2. 83.56(1), Florida Senate. Law.
    Your landlord can sue you for the rent.

    If you move out early because of repairs, your landlord can sue you for the rent up to the end of your lease. If the judge rules for your landlord, you can owe that rent. Your proof matters. Get legal help first.