When your landlord won't make repairs in Florida

The question this answers: “Under the Florida Residential Landlord and Tenant Act, what must my landlord maintain in my apartment, and what can I do if repairs are not made?”

What Your Landlord Must Maintain

Florida law requires your landlord to keep your rental in compliance with applicable building, housing, and health codes at all times during your tenancy [1]. Where no such codes apply, the landlord must keep roofs, windows, doors, floors, steps, porches, exterior walls, foundations, and other structural components in good repair, and keep plumbing in reasonable working condition [1].

If you live in an apartment (not a single-family home or duplex), your landlord also has additional duties. These include making reasonable provisions for: extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs; functioning locks and keys; clean and safe common areas; garbage removal; and working heat, running water, and hot water [1][9].

Important note: For single-family homes and duplexes, some of these additional duties can be shifted to the tenant by a written agreement [1].

What You Can Do If Repairs Are Not Made

Step 1 — Send written notice first. Before you can take any action, you must give your landlord written notice identifying the problem and stating your intention to terminate the lease or withhold rent if repairs are not made within 7 days [7]. Skipping this step significantly weakens your legal position [5].

Step 2 — After the 7-day window, you have options:

• If the unit is unlivable (uninhabitable): You may vacate and withhold all rent [5].
• If the unit is still livable but the problem reduces its value: You may remain and have your rent reduced in proportion to the loss in rental value [5][11].
• Sue for damages: Florida law allows the aggrieved party to recover damages caused by the landlord's noncompliance [6].

Step 3 — If eviction is filed against you. If your landlord tries to evict you for nonpayment of rent while you are withholding rent over repairs, you can raise the housing code violations as a defense — but you will generally be required to deposit the disputed rent into the court registry while the case is pending [8][12].

A Few Key Cautions

A landlord's violation of these maintenance obligations is considered at least evidence of negligence under Florida law [6]. However, to pursue a negligence claim, you would also need to show the landlord had actual or constructive knowledge of the problem for long enough to fix it [6].

Deadlines in landlord-tenant disputes move very fast — missing the required notice steps can cost you your legal remedies entirely.

A Florida tenant's rights attorney or local legal aid organization can help you evaluate how these rules apply to your specific situation — many offer free consultations.