Your Landlord Won't Make Repairs? Know Your Florida Tenant Rights

Dealing with a landlord who ignores critical repair requests can be incredibly stressful and frustrating. It’s more than just an inconvenience; it can affect your health, safety, and overall well-being. Many Florida tenants are unsure of their rights when a landlord fails to maintain the property. At Korte and Associates, we believe that understanding your legal options is the first step toward a resolution.

What is a Landlord’s "Duty to Maintain"?

In Florida, a landlord has a legal obligation to maintain the rental property in a condition that is safe and habitable for tenants. This is often referred to as the “duty to maintain.” This duty is outlined in Florida Statute 83.51 and requires landlords to comply with building, housing, and health codes. When no such codes exist, a landlord must maintain roofs, windows, screens, doors, floors, steps, porches, exterior walls, foundations, and all other structural components in good repair and capable of resisting normal forces and loads and the plumbing in reasonable working condition.

This duty also extends to essential services and appliances. Your landlord is responsible for ensuring that plumbing, heating, air conditioning, and electrical systems are in working order. They must also provide garbage removal and have working locks and keys. When a landlord fails to meet these basic responsibilities, it’s not just poor service—it can be a serious legal violation.

Common Examples of Landlord Negligence

What constitutes a “failure to maintain”? The issues can range from minor annoyances to serious health hazards. Common examples we see in Florida include:

• Failure to Address Mold: If your landlord ignores mold growth, it can lead to serious respiratory issues and other health problems.
• A/C or Heating Issues: In Florida’s climate, a broken air conditioning system isn't just uncomfortable; it can be dangerous.
• Plumbing Leaks: Unresolved leaks can cause water damage, create a breeding ground for mold and pests, and weaken the structure of the property.
• Pest Infestations: A landlord must take reasonable steps to prevent and eliminate infestations of rodents or other pests.
• Structural Problems: Issues with roofs, walls, or foundations that compromise the safety of the property.

These are not just minor inconveniences; they directly impact your right to a safe home.

Your Legal Options as a Tenant

Before taking legal action, it is crucial to follow the correct procedure. The law requires you to notify your landlord of the issue in writing. This is a critical step, as it serves as legal proof that the landlord was made aware of the problem.

1. Provide Written Notice: You must send a formal, written notice to your landlord detailing the specific issues and giving them a reasonable amount of time to make the repairs. It is highly recommended to send this notice via certified mail so you have proof of delivery.
2. Wait for the Landlord to Respond: The law provides a “reasonable” time for repairs to be made, and some issues have specific timelines (for example, seven days for essential services).
3. Take Legal Action: If your landlord fails to act after receiving the written notice, you may have legal grounds to pursue a lawsuit.

It's important to understand that you cannot simply stop paying rent or take matters into your own hands without following the legal process. Doing so could result in an eviction lawsuit against you.

Why You Need an Attorney for Your Case

Navigating Florida landlord-tenant law can be complex and intimidating, especially when you are up against a landlord who has a legal team. An experienced attorney can guide you through every step of the process, ensuring your notice is legally sound and that your rights are protected.

At Korte and Associates, we specialize in landlord-tenant law and have a strong track record of helping tenants hold their landlords accountable. Whether it's a security deposit dispute or a more complex landlord failure to maintain case, we are here to fight for your rights and your peace of mind. We understand the stress you're under, and we have the knowledge and experience to help you achieve a successful outcome.

Contact Us Today for a Consultation

Don’t live in an unsafe or uninhabitable home. If your landlord is failing to make necessary repairs, contact Korte and Associates for a confidential consultation.