If you're dealing with broken air conditioning, plumbing problems, or other serious maintenance issues in your Florida rental home, you might be wondering whether you can simply stop paying rent until your landlord makes the necessary repairs. The answer is yes—but only if you follow Florida's strict legal procedures. Withholding rent without following the proper steps can lead to eviction, even if your landlord is in the wrong.

Understanding Your Right to Withhold Rent in Florida

Under Florida law, specifically Florida Statute 83.60, tenants have the legal right to withhold rent when a landlord fails to maintain the property as required. However, this right comes with specific conditions and requirements that must be met.

Your landlord is legally obligated to maintain your rental property in a safe and habitable condition. This includes complying with all building, housing, and health codes, maintaining structural elements like the roof and plumbing, providing working locks, ensuring proper pest control, and keeping common areas clean and safe.

The Correct Procedure for Withholding Rent

You cannot simply decide to stop paying rent. Florida law requires you to follow these specific steps:

1. Document the Problem: Take photos or videos of the maintenance issue and keep records of how it affects your living conditions.

2. Send Written Notice: You must deliver written notice to your landlord specifying the problem and stating your intention to withhold rent. This notice must clearly describe the maintenance issue and reference your landlord's failure to comply with Florida Statute 83.51(1) or a material term of your lease agreement.

3. Give Your Landlord Time to Fix It: After receiving your notice, your landlord must be given at least seven days to correct the problem. Your lease may specify a longer timeframe.

4. Set Aside the Rent Money: This is critical—you should save the rent you're withholding. If your landlord files an eviction action, you'll need to deposit this money with the court.

What Happens If Your Landlord Files for Eviction?

Even if you properly withhold rent, your landlord may still file an eviction action for nonpayment. However, the landlord's failure to maintain the property is a complete defense to this eviction—if you followed the proper procedure.

If you're served with an eviction complaint, you have only five business days (excluding weekends and legal holidays) to either pay the rent into the court registry or file a motion to determine the amount owed. Failing to do this will result in an automatic waiver of your defenses, and your landlord will be entitled to evict you without a hearing.

The Risks of Withholding Rent Incorrectly

Many tenants make the mistake of simply stopping rent payments without following the required legal steps. This can have serious consequences. Without proper written notice or if you fail to deposit the withheld rent into court when required, you could lose your right to defend against eviction. This means you could be forced to move out and still owe back rent, late fees, and potentially your landlord's attorney fees.

When Should You Contact a Tenant Rights Attorney?

The process of legally withholding rent in Florida is complex, and the stakes are high. If you're considering withholding rent or have already received an eviction notice , it's important to understand your rights and ensure you're taking the proper legal steps.

At Korte and Associates, we're dedicated to standing up for tenants across Florida. We understand how critical it is to feel secure in your living situation, and we're committed to protecting your rights when your landlord isn't fulfilling their obligations. Whether you're facing maintenance issues, struggling with an unresponsive landlord, or dealing with an eviction notice, we're here to help.