Florida landlord repair laws

What your landlord is required to fix, how long they have once you put it in writing, and what Florida law lets you do if they don't.

What your landlord must maintain

Under Fla. Stat. § 83.51, a landlord must comply with applicable building, housing and health codes — or, where none apply, keep the roof, windows, doors, floors, steps, porches, exterior walls, foundations and all other structural components in good repair and capable of resisting normal forces and loads, with plumbing in reasonable working condition — and, for most rentals, provide extermination, working locks and keys, clean common areas, garbage removal, and functioning heat and running hot water.

Conditions the statute covers

• ✓Building, housing, or health code violation
• ✓Roof, windows, doors, floors, steps, porches, walls, or foundation in disrepair
• ✓Plumbing not in reasonable working condition
• ✓No running hot water
• ✓No working heat during winter
• ✓Rats, mice, roaches, ants, wood-destroying organisms, or bedbugs
• ✓Broken locks or missing keys
• ✓Common areas not clean and safe
• ✓No garbage removal or outside receptacles
• ✓Mold growth
• ✓Sewage backup or standing water
• ✓Dangerous electrical problem

What you can do about it

Once written notice has been given and the statutory period has passed, you may terminate the rental agreement under § 83.56(1), or withhold rent and raise your noncompliance with § 83.51(1) as a defense under § 83.60(1)(b).

Florida has no repair-and-deduct remedy. Paying for a repair and subtracting the cost from your rent is not authorized here, and doing it anyway can put your tenancy at risk. Use the remedies the statute actually provides.

Retaliation is illegal

Section 83.64 prohibits retaliatory conduct — including eviction — against a tenant who has complained to a governmental agency or complained to the landlord under § 83.56(1), and it may be raised as a defense in any action for possession.

Limits and exceptions

The § 83.51(1) code and structural duties apply to every rental, but under § 83.51(1) they may be altered or modified in writing for a single-family home or duplex. The § 83.51(2) duties — extermination, locks and keys, common areas, garbage, and functioning heat, running water and hot water — apply only to a dwelling other than a single-family home or duplex, and only unless otherwise agreed in writing. Both tenant remedies are keyed to § 83.51(1) alone: § 83.56(1) termination and § 83.60(1)(b) rent withholding both require a material failure to comply with § 83.51(1), and § 83.51(2)(c) bars raising a § 83.51(2) breach as a defense to an action for possession. Florida provides no repair-and-deduct remedy, and a tenant who withholds rent must pay accrued rent into the court registry within 5 business days after being served in an eviction case (§ 83.60(2)).

Common questions

How long does a landlord have to make repairs in Florida?

Both § 83.56(1) and § 83.60(1)(b) give the landlord seven days from delivery of the tenant's written notice. That clock starts when your landlord receives written notice — which is why how you send it matters.

Can I withhold rent or repair it myself in Florida?

Florida does not provide a repair-and-deduct remedy — paying for a repair and subtracting it from rent is not something the statute allows here, and doing it can put your tenancy at risk. Your remedies are terminate the rental agreement under § 83.56(1), or withhold rent and raise your noncompliance with § 83.51(1) as a defense under § 83.60(1)(b).

Can my landlord retaliate if I ask for repairs in Florida?

Section 83.64 prohibits retaliatory conduct — including eviction — against a tenant who has complained to a governmental agency or complained to the landlord under § 83.56(1), and it may be raised as a defense in any action for possession.

Do I have to put a repair request in writing in Florida?

Yes — and it is the single most important step. Under Fla. Stat. § 83.56(1), § 83.60(1)(b), the landlord's obligations and your remedies run from written notice. A text message or a phone call generally leaves you arguing about whether and when your landlord was told.