What are my rights as a tenant if my landlord is not making necessary repairs to my rental property in Florida?

As a tenant in Florida, you have certain rights to a habitable residence as laid out by the Florida Residential Landlord and Tenant Act (RLTA). If your landlord is failing to make necessary repairs to your rental property, you have the right to take certain actions to remedy the situation.

First, you should notify your landlord in writing of the necessary repairs needed in your rental unit. Your written notice should include a detailed description of the problem, the date the problem was first noticed, and a request that the landlord make the necessary repairs. It is important that you keep a copy of this written notice as proof that you notified the landlord.

If your landlord fails to make the necessary repairs after receiving your written notice, you may have the following options:

1. Contact your local building or health department: they can inspect your rental property and issue citations, fines or court orders compelling the landlord to make the necessary repairs;
2. Withhold rent: you can withhold rent to the extent necessary to obtain repairs, as long as the repair costs do not exceed the amount of rent due. However, you must first notify the landlord in writing of your intention to withhold rent and to make repairs;
3. Repair and Deduct: you can make the necessary repairs yourself and deduct the cost of the repairs from your rent, provided that the cost of repairs is less than one month’s rent or $1,000, whichever is greater. You must first obtain written estimates and give the landlord a reasonable time to make repairs, usually 7-14 days;
4. Terminate the lease: you may terminate your lease without penalty if the landlord fails to make the necessary repairs within seven days after receiving your written notice.

It is important to note that there are limits to withholding rent or making repairs, and these actions should not be taken lightly. If you are unsure of your rights or of the best course of action, you should consult with a licensed attorney experienced in landlord-tenant law.

In addition, if you believe that you have been illegally evicted, retaliated against, or discriminated against for exercising your rights as a tenant, you may have additional legal remedies available to you. Again, it is recommended that you speak to a licensed attorney regarding your specific situation.