Can You Stop Paying Rent if Your Landlord Fails to Make Repairs?
If your landlord fails to make necessary repairs or violates housing codes, you may be thinking about stopping to pay rent. But are you legally allowed to do that in Florida without facing an eviction notice? What Are the Obligations and Duties of Your Landlord? In Florida, landlords are legally required to comply with housing, building, health codes, laws, and ordinances. The exact duties of your landlord depend on whether you rent an apartment, home, or commercial premises. If you live in an apartment building, your landlord is required to provide or ensure: Plumbing and hot water Heat A clean and safe environment around the building Garbage pickup Reasonable security measures, including working and locking doors and windows Eliminate rodents and bugs, including bedbugs If you live in a standalone home, it is important to review your lease agreement. Many landlords delegate many of their duties and obligations to tenants. What to Do if Your Landlord Fails to Make Repairs? If your landlord violates housing codes or fails to make necessary repairs or keep the environment clean and free of hazards, you should discuss your options with a competent landlord & tenant attorney in your city. Under the Florida Statutes Section 83.51, tenants are not allowed to make repairs and then subtract the cost of repairs from their rent payments unless their landlord agrees to do so. Generally, you have two options: If you want to move out, you must provide your landlord with a 7-day notice to give them a chance to fix the issue. If the condition is not fixed or the landlord does not make a reasonable effort to solve the problem, you can move out immediately. If you want to stay, you can stop paying rent – or, in other words, withhold rent payments – until your landlord makes a reasonable effort to fix the issue. Are Commercial Landlords Required to Make Repairs? Florida courts have repeatedly held that commercial landlords have an obligation to maintain or perform repairs in the leased premises only when they expressly agreed to do so. Under Florida law, commercial landlords have no legal duty to make repairs or maintain the leased premises. Also, the fact that a commercial landlord voluntarily performed repairs in the past does not create an obligation to continue making repairs in the leased premises. Thus, landlords must specifically state in the lease agreement what, if any, repairs will be part of their duties. A provision stating that the tenant has no obligation to perform repairs or replace an item does not create an obligation on the part of the landlord. If an obligation is not specifically stated in the lease, there is no such obligation. You should consult with a Tampa commercial landlord & tenant attorney if you have a dispute with your landlord or tenant about who should be responsible for making repairs in the leased premises. Contact our lawyers at HD Law Partners to schedule a case review. Call at 813-253-5333 to discuss your legal options during a free phone consultation. Florida Governor’s Order Clarifies Eviction & Foreclosure Suspension, But Does Not Apply to Commercial Tenants Posted in Landlord Tenant | No Comments » Connect with us Archives May 2026 April 2026 March 2026 February 2026 January 2026 December 2025 November 2025 October 2025 September 2025 July 2025 June 2025 January 2025 January 2024 December 2023 November 2023 October 2023 September 2023 August 2023 July 2023 June 2023 May 2023 April 2023 March 2023 February 2023 January 2023 December 2022 November 2022 October 2022 September 2022 August 2022 July 2022 May 2022 April 2022 March 2022 November 2021 October 2021 September 2021 August 2021 July 2021 May 2021 April 2021 March 2021 February 2021 January 2021 December 2020 November 2020 October 2020 August 2020 July 2020 June 2020 May 2020 April 2020 March 2020 February 2020 January 2020 December 2019 November 2019 October 2019 September 2019 August 2019 July 2019 June 2019 May 2019 April 2019 March 2019 February 2019 January 2019 December 2018 November 2018 October 2018 September 2018 August 2018 July 2018 June 2018 May 2018 April 2018 March 2018 February 2018 January 2018 December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 November 13 Categories Alimony Appellate Arbitration Auto Accidents Auto Insurance Business Corporate Business Insurance Law Child Custody Child Support Criminal Law Divorce Family Law FEMA Insurance Payments Florida’s Mandatory 2‑Hour Legal Professionalism CLE: Foreclosure Defense Fort Myers Hurricane Insurance Attorney General Guardianship HD Law Partners Service HOA/Property Management Homeowners Association Homeowners Insurance Hurricane Claims Hurricane Insurance Insurance Bad Faith Insurance Claims Insurance Defense Insurance Litigation Landlord Tenant Law Enforcement Liability Loan Modifications Mold Water Damage Parental Rights Paternity Personal Injury Premises Liability Law Prenuptial Agreements Private Security Property Distribution Property Owner Law Sarasota Insurance Litigation Attorney Slip Fall Tampa Business and Corporate Attorneys tampa family attorney Tampa Insurance Attorneys Timeshare Timesharing Uncategorized HD Law Partners is proud to be your trusted full-service law firm Quick Links Property & Casualty Business & Corporate Litigation Family Law Contact Us Careers Get In Touch 2002 North Lois Avenue Suite 510 Tampa, FL 33607 813-253-5333 Contact Us