Florida landlord guide · § 83.51 and § 83.60

Repairs and rent withholding.

You must keep a rental in a condition the statute describes. If you don't, a tenant has a defined way to withhold rent or end the lease, starting with a 7-day written notice. Here is what you owe and how the process works.

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Timing · § 83.60(1)(b) ↗

A tenant must give written notice, then wait 7 days.

Only after seven days from the notice can a tenant raise your failure to maintain as a defense to a nonpayment case. Treat any written repair request as the start of that clock.

What you must maintain

Four rules.

All rentals
§ 83.51(1) ↗
Codes or structure

Comply with applicable building, housing and health codes. Where none apply, keep roofs, windows, doors, floors, steps, porches, exterior walls and foundations in good repair and the plumbing in reasonable working order. Screens must be in reasonable condition at the start of the tenancy.

Other than single-family or duplex
§ 83.51(2) ↗
Extra duties

Unless agreed otherwise in writing: pest control, locks and keys, clean and safe common areas, garbage removal and receptacles, and heat, running water and hot water.

Single-family and duplex
§ 83.51(1) ↗
Can be changed in writing

A written agreement may change the duties in § 83.51(1), and working smoke detectors must be installed at the start of the tenancy unless agreed otherwise in writing.

Damage the tenant caused
§ 83.51(4) ↗
Not your duty

You are not responsible under this section for conditions created by the negligent or wrongful acts of the tenant, the tenant's family or others on the premises with the tenant's consent.

Summarized from § 83.51; read the statute for the exact wording.

When something isn't fixed

Five steps.

  1. 1

    Know which duties apply

    § 83.51 ↗

    Check whether your property is a single-family home or duplex, and read what your lease says about repairs. The extra duties for larger buildings apply unless agreed otherwise in writing.

    Timing
    Before the tenancy
  2. 2

    A tenant sends written notice

    § 83.60(1)(b) ↗

    To use material noncompliance as a defense in a nonpayment case, a tenant must first give written notice identifying the problem and stating the intent to withhold rent. It can go to you, your designated representative, a resident manager or whoever collects the rent.

    Timing
    Day 0
  3. 3

    You have seven days

    § 83.60(1)(b) ↗

    The tenant can raise the defense only after 7 days have passed since the notice. Respond in writing, schedule the repair, and keep records of dates and work done.

    Timing
    7 days
  4. 4

    Or the tenant gives notice to terminate

    § 83.56(1) ↗

    If a material failure is not fixed within 7 days of a written notice that says the tenant intends to terminate, the tenant may end the lease. If the unit is uninhabitable and the tenant leaves, no rent is owed for that period; if the tenant stays, rent can be reduced by the lost rental value.

    Timing
    After 7 days
  5. 5

    In court, the tenant must deposit rent

    § 83.60(2) ↗

    A tenant who raises a defense other than payment must pay the accrued rent into the court registry, or ask the court to set the amount, within 5 days of service, excluding weekends and holidays. If not, other defenses are waived.

    Timing
    5 business days after service

Related guides

How to evict a tenant in Florida
From written notice to writ of possession, step by step.
3-day notice for unpaid rent
What it must say and how the three days are counted.
Lease violation notices
7-day cure and 7-day no-cure notices.

Put repair terms in writing.

Our free builder produces a Florida residential lease as a PDF. Clear terms about who handles what avoid disputes later.

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Common questions

Before you act.

Can a tenant just stop paying rent if something is broken?

Not without following the process. The tenant must first give written notice of the problem and the intent to withhold rent, wait 7 days, and, if sued, deposit rent into the court registry to raise the defense.

If I fix it within seven days, does the defense go away?

The defense depends on a material noncompliance that continues past the notice. Prompt repairs and good records put you in the strongest position, and a court decides what is material.

Can I punish a tenant for complaining?

No. Florida's retaliation rule (§ 83.64) bars retaliatory conduct such as eviction or rent increases because a tenant exercised legal rights. Talk to an attorney before acting against a tenant who has complained.

Does the pest-control rule apply to a house?

The extra duties in § 83.51(2) are for dwellings other than single-family homes or duplexes. For a house, your duties are the ones in § 83.51(1) and what your lease says.

Can the lease say the tenant handles all repairs?

For a single-family home or duplex, the statute allows a written agreement to change the § 83.51(1) duties. For other rentals, the statute's duties generally apply unless it permits otherwise. Ask an attorney how this applies to you.

This page summarizes Chapter 83, Part II of the Florida Statutes for general information. It is not legal advice, statutes change, and local court procedures vary. Read the full statutes and consult a Florida-licensed attorney about your situation.