What can I do if my landlord won't fix uninhabitable conditions in Florida?
1. Implied Warranty of Habitability — Florida codifies landlord duties in Fla. Stat. § 83.51 of the Residential Landlord and Tenant Act. There is no common-law warranty; the statute is the exclusive framework.
2. What Counts as Uninhabitable — Under § 83.51(1), landlord must comply with applicable building, housing, and health codes; maintain plumbing in reasonable working order; and provide functioning roofs, windows, doors, floors, and structural components. § 83.51(2) adds running water, hot water, heat in winter, and extermination of rats, mice, roaches, and bedbugs (unless single-family/duplex shifts to tenant).
3. Tenant Notice to Landlord — § 83.56(1) requires written notice giving landlord 7 days to cure material noncompliance.
4. Repair-and-Deduct — Florida has no repair-and-deduct statute. Self-help repair-and-deduct is not authorized.
5. Rent Withholding / Escrow — Tenant may withhold rent after 7-day notice (§ 83.56(1)). If landlord sues to evict, tenant must deposit accrued rent into the court registry under § 83.60(2) to assert the defense.
6. Constructive Eviction — Under § 83.56(1), tenant may terminate the rental agreement after 7-day notice if landlord fails to cure.
7. Affirmative Defense to Eviction — § 83.60(1) makes material noncompliance with § 83.51(1) a complete defense, provided rent is deposited in the court registry.
8. Damages & Penalties — Rent abatement (diminution-in-value), actual damages, and § 83.48 attorney fees to the prevailing party.
9. Retaliation Protection — § 83.64 prohibits retaliation for tenant complaints; covers a presumption window tied to recent protected activity.
This is legal information, not legal advice.
- Eviction filed after rent withholding without proper notice
- Mold, sewage, or hurricane damage rendering unit unsafe
- Landlord locks out tenant or shuts off utilities (§ 83.67)
- Fla. Stat. § 83.51
- Fla. Stat. § 83.56
- Fla. Stat. § 83.60
- Fla. Stat. § 83.64
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.