When The Landlord Will Not Fix It
Fla. Stat. 83.51 — the codes, seven days' written notice, and withholding rent
In Florida, a landlord at all times complies with the applicable building, housing and health codes, or, where there are none, keeps the roof, windows, doors, floors, steps, porches, exterior walls, foundation and other structural parts in good repair and the plumbing in reasonable working condition.
- Extermination of rats, mice, roaches, ants, wood destroying organisms and bedbugs; a tenant who must leave for it gets the rent abated, 7 days' written notice, and need not stay out more than 4 days.
- Locks and keys.
- Clean and safe common areas.
- Garbage removal and outside receptacles.
- Functioning heat during winter, running water, and hot water.
Seven days after written notice, a tenant may withhold rent or end the lease. If the landlord materially fails to comply within 7 days after the tenant delivers written notice specifying the problem and stating an intent to terminate, the tenant may terminate the rental agreement. A tenant who instead gives 7 days' written notice of an intent not to pay rent because of the problem may raise that failure as a complete defense to an eviction for nonpayment, and the court decides how much the rent is reduced.
A landlord may not raise the rent, cut services, or bring or threaten an eviction mainly in retaliation against a tenant who in good faith complained to a code enforcement agency, joined a tenant organization, or gave the landlord notice of noncompliance. The tenant may raise retaliation as a defense to an eviction, unless the landlord proves the eviction is for good cause, such as nonpayment of rent.
The list of extra duties applies to units other than a single family home or duplex, unless otherwise agreed in writing. A tenant raising any defense other than payment in an eviction also pays the rent into the court registry. The duty to repair does not reach a mobile home the tenant owns.
Sources for this section (4)
- Fla. Stat. 83.51 — Landlord's obligation to maintain premises
- Fla. Stat. 83.56 — Termination of rental agreement
- Fla. Stat. 83.60 — Defenses to action for rent or possession; procedure
- Fla. Stat. 83.64 — Retaliatory conduct
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Florida attorney.