In Florida, air conditioning isn't just a comfort, in the summer heat, it's essential for health and safety. If your landlord refuses to repair a broken A/C unit, you may have legal options under Florida's residential landlord-tenant laws. However, the steps you take must be correct, or you could risk eviction or losing your legal protections.

Florida Law on Landlord Maintenance Duties

Under Florida Statute § 83.51 , landlords must maintain rental properties in a condition that complies with applicable building, housing, and health codes. While the law doesn't specifically name "air conditioning," courts often consider working A/C part of keeping a property habitable - especially during Florida's extreme summer temperatures.

If your lease specifically states that the landlord will maintain or repair the A/C, they are contractually obligated to do so. Even if it's not in writing, the warranty of habitability may still apply.

Step-by-Step: What To Do When the A/C Isn't Repaired

1. Document everything: temperatures inside the unit, dates/times without A/C, all communication with your landlord, and any health impacts.
2. Review your lease to confirm A/C maintenance responsibilities.
3. Send the correct written notice: For most cases, send a 7-day notice for material noncompliance using the Florida Bar form. Keep proof of delivery. In severe cases where the unit is wholly untenantable and the lease places repair duties on the landlord, you may give a 20-day notice to terminate the lease.
4. Do not attempt "repair-and-deduct." Florida law does not allow residential tenants to withhold rent or deduct repair costs unless following very specific legal procedures.
5. If the landlord files for eviction, you must deposit the full amount of rent into the court registry within 5 days or file a motion to determine rent to preserve your defenses.
6. Report the violation to your local code enforcement or housing authority. This creates a public record and can pressure the landlord to act quickly.
7. Know your rights - Florida law prohibits landlords from retaliating against tenants for making good-faith complaints or asserting legal rights.

Why Acting Quickly Matters

In Florida's summer heat, delays in A/C repairs can quickly escalate into health emergencies, particularly for young children, seniors, and those with medical conditions. Taking prompt, legally correct steps ensures you protect both your health and your legal rights.

If your landlord fails to act, or if you are facing eviction after asserting your rights, contact an experienced Florida tenant rights attorney immediately. At Korte & Associates , we have helped countless tenants navigate these situations and protect their homes.