Housing Law at FRLS

The law gives tenants one way to try to force the landlord to make repairs. If you follow certain steps, you can hold back rent until the landlord makes the repairs. If you have followed the right steps, the law says the landlord is not allowed to evict you for not paying rent.

Steps For Legally Withholding Your Rent

1. First, make sure that the repairs that are needed are serious, major repairs.

2. Second, get evidence that your landlord does not maintain the property. Take pictures and videos. Ask someone who is not a friend or family member to look at the bad conditions. You can also ask your local government code enforcement department to inspect your home and write down the problems. When the inspector comes, point out all the problems that you know about--first the serious ones, and then the minor ones. Get a copy of the report and put it in a safe place---you might have to show it to a Judge someday.

3. Third, write a letter to your landlord.

4. Fourth, mail or deliver this letter to your landlord, the landlord’s representative, a resident manager, OR the rent collector. Whoever you decided to mail or deliver it to must receive it at least seven days before your next rent is due. If you use the mail, try to send the letter “certified mail, return receipt requested.” This gives you proof that the landlord received the letter in case he tries to deny it later. Keep a copy of the letter.

5. When the next rent comes due, you must set aside your rent money. You should keep it in the bank or some other safe place, such as with your lawyer, if you have one. Do not spend the rent money. As soon as the landlord makes the repairs, the law says you must pay the back rent and begin paying rent again at the regular rate.

According to Florida Law, a landlord must give a 3-day written notice. The written notice must give you the CHOICE to either pay or move within 3 days (not counting weekends and holidays). If you offer to pay, but the landlord won’t take the money, then (s)he can’t evict you for not paying. You should take a witness who saw you offer to pay when you go to the Court hearing. If you make a partial payment, the landlord can still evict you without giving you a new notice.

If you have done something that can’t be undone (such as making a big disturbance), the law says the landlord doesn’t have to give you a chance to correct the problem. The landlord must give you 7 days written notice to move.

If the problem is one that can be corrected (like having a pet you are not supposed to have), then the landlord must give you 7 days to choose whether to leave or volunteer to correct the problem. If you correct the problem but then the problem happens again within the next 12 months, the landlord can evict you without giving you another notice.

Florida Statute §83.67 makes it illegal for a landlord to shut off your utilities, padlock your door, or remove your doors or windows from your apartment to remove you. If your landlord does any of these things, you can sue your landlord in Small Claims Court. If a court finds that your landlord did any of the things listed above it may order the landlord to pay you for your losses OR pay you three (3) month’s rent, whichever is more, plus your litigation costs, including attorney’s fees.

Also, if your landlord does any of the above things, or if (s)he directly or indirectly causes any interruption of your utility service (water, gas, electric, heat, light or refrigeration), you may also be able to get an injunction (an Order from the court) against the landlord to have the utility services restored. This can be done even where the landlord simply calls the utility company and tells it to cancel service to the rental unit.