When a Florida landlord won't make repairs: the tenant's 7-day notice

A leaking roof, broken plumbing or a code problem can make a rental hard to live in. Florida law gives residential tenants some options when a landlord doesn't make needed repairs, but the steps are specific. A tenant who simply stops paying rent can end up facing an eviction. Here is how the process generally works.

What the landlord must maintain

Under section 83.51(1) of the Florida Statutes, the landlord generally must comply with applicable building, housing and health codes. Where no code applies, the landlord must keep the roof, windows, doors, floors, steps, porches, exterior walls, foundations and other structural parts in good repair, and keep the plumbing in reasonable working condition.

For apartments and other buildings that aren't single-family homes or duplexes, the landlord generally must also make reasonable provisions for things like pest control, locks and keys, clean common areas, garbage removal, heat in winter, running water and hot water, unless the lease says otherwise. The landlord isn't responsible for conditions the tenant, the tenant's family or guests caused.

Step 1: The 7-day written notice

Before a tenant can withhold rent or end the lease because of the landlord's failure to repair, the tenant generally must deliver a written notice to the landlord. The notice should:

• Describe the problem specifically, such as what is broken, where and since when.
• State what the tenant intends to do if it isn't fixed within 7 days: withhold rent, end the lease, or both.
• Be delivered properly, such as by hand, by mail, or by email if the lease has a signed email-notice addendum, and kept on file with proof of delivery.

Step 2: After 7 days

If the landlord doesn't fix a material problem within 7 days after delivery of the notice, the tenant may have these options:

• End the lease. If the landlord's failure is material, the tenant may terminate the rental agreement.
• Withhold rent. If the notice said so, the tenant may withhold rent, and the landlord's material failure to comply with section 83.51(1) can be a defense if the landlord sues for possession based on unpaid rent. The court decides how much rent should be reduced.

If the landlord was making reasonable efforts and the problem was beyond the landlord's control, the rules can be different.

The risks of withholding rent

Withholding rent is risky. The landlord may serve a 3-day notice and file an eviction. Whether the tenant wins usually depends on whether the problem was "material," whether the notice was properly given, and whether the landlord's duty falls under section 83.51(1). Problems that fall only under the apartment-building duties, such as pest control or garbage removal, generally can't be used as a defense to an eviction.

If the landlord sues: the court registry

This is where many tenants lose. In an eviction based on unpaid rent, a tenant who raises any defense other than payment generally must deposit the rent claimed in the complaint into the court registry, or file a motion asking the court to decide the amount, within 5 days after being served, not counting weekends and legal holidays. The tenant must also keep depositing rent as it comes due during the case. A tenant who doesn't can lose the case without a hearing, even with a strong repair defense.

Retaliation

A landlord can't raise rent, reduce services or threaten an eviction mainly because a tenant complained in good faith to a code enforcement agency or gave a proper repair notice. But a landlord may still evict for good cause, such as good-faith nonpayment of rent or lease violations.

Tips for both sides

• Tenants: put repair requests in writing, keep photos and copies, and don't stop paying rent without understanding the risk.
• Landlords: respond to written repair notices quickly and keep records of the work and of any access problems.
• Both: local code enforcement can inspect many conditions.

This article is general information about residential repairs under Florida law, not legal advice. Commercial tenancies and subsidized housing can follow different rules. Every case is different, and reading this doesn't create an attorney-client relationship.