Can You Withhold Rent for Repairs in Florida?
In Florida, there is a set of rules governing rental relationships under the Florida Residential Landlord and Tenant Act. The Act outlines what landlords must provide and what tenants must do in return. One of the protections this Act offers tenants is the right to safe, habitable housing. And that protection applies regardless of whether your lease is written or oral. When serious repair issues arise, Florida law does not leave tenants without recourse. In certain situations, you may legally withhold rent, but only if you follow the rules carefully.
The Basics
In Florida, landlords are generally required to maintain rental properties in compliance with building, housing, and health codes. This means essential systems such as plumbing, electricity, roofing, and structural components must be kept in working order. However, this duty isn’t unlimited. In some single-family homes or duplexes, a lease may shift certain repair responsibilities to the tenant. That’s why if you are having repair issues, your first move should always be to carefully review your lease agreement. The answer to “Who fixes this?” may already be spelled out in the agreement.
The Landlord Is Responsible. What’s Next?
If the landlord is responsible and fails to make the necessary repairs, Florida law provides several options for resolving the issue. But you must follow them in the correct order. So you cannot immediately stop paying rent out of frustration.
Under Chapter 83 of the Act, you must first provide written notice to the landlord describing the specific repair issues and give the landlord a reasonable time to fix them. In most cases, this is at least 7 days before your next rent payment is due. In the written notice, ensure you clearly state that if repairs are not made within a specific timeframe, you intend to withhold rent.
Delivery matters too. Send the notice in a way that proves receipt, such as certified mail with a return receipt, or in a way that shows the landlord actually received your notice. Keep a copy for your records. If the dispute ends up in court, documentation can make or break your case.
If the landlord still does nothing after proper notice, you may have the right to withhold rent until repairs are done. In cases where the property becomes uninhabitable, you may even have grounds to terminate your lease early without penalty. However, most tenants miss this: When you withhold rent, you must set the money aside. Keep it in a separate account or safe place, but don’t spend it. If the landlord completes repairs, you are required to pay the withheld rent immediately.
It’s worth noting that if you fail to provide proper notice or continue paying rent without asserting your rights, you may waive your rights to recover for the landlord’s breach. Also, if you withhold rent incorrectly, the landlord may file for eviction.
In addition to withholding rent, you may also consider pursuing legal action. With the guidance of an experienced real estate attorney, you may ask the court to order repairs or award damages if applicable.
Contact Us for Legal Help
If you are dealing with serious repair issues, it’s in your best interest to seek legal advice from a Davie real estate litigation lawyer. We can evaluate your situation and ensure your rights are protected. Schedule your consultation with Valero Law today by calling 305-607-7011. We serve clients in Davie, Broward County, Coconut Grove, and Miami-Dade County.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/0083.html#:~:text=ch.%2095%2D147.-,83.201%E2%80%83Notice%20to%20landlord%20of%20failure%20to%20maintain%20or%20repair%2C%20rendering,not%20prevent%20any%20tenant%20from%20exercising%20his%20or%20her%20other%20remedies.,-History.%E2%80%94
