Finding the perfect rental in Florida can feel like a dream. The sun, the beaches, the vibrant communities—it’s easy to get excited. But what happens when that dream home turns into a nightmare? What do you do when you discover your rental property has serious violations, from a leaky roof to unsafe electrical wiring or even pests?
As a tenant, you have rights, and the state of Florida provides protections to ensure you’re living in a safe and habitable environment. Don’t let a landlord’s negligence go unchecked. Here’s a breakdown of your key rights and the steps you should take when your Florida rental has violations.
The “Implied Warranty of Habitability”
While Florida law doesn’t use the exact term “implied warranty of habitability” like some other states, it does have a similar concept rooted in Florida Statute § 83.51. This law places a clear responsibility on your landlord to maintain the property and keep it in a habitable condition.
Specifically, your landlord must comply with all applicable building, housing, and health codes. If there are no such codes, they must maintain the structural components of the home (like the roof, walls, and foundation) and keep the plumbing in good working order.
This means your landlord is responsible for fixing problems like:
- Significant water leaks or mold issues.
- Non-working plumbing or a lack of hot water.
- Unsafe electrical or structural issues.
- Issues with a broken HVAC system (if it was included with the rental).
- Infestations of rats, roaches, termites, or other pests.
Step 1: Document, Document, Document
This is the most crucial step. Before you do anything else, create a detailed record of the violation.
- Take Photos and Videos: Capture the issue from multiple angles and with a timestamp if possible. Show the full scope of the problem.
- Write a Detailed Description: Note the date you discovered the issue, exactly what the problem is, and how it affects your ability to live safely and comfortably in the home.
- Keep a Log: Maintain a notebook or digital document where you record every communication with your landlord about the issue, including dates, times, and a summary of the conversation.
Step 2: Provide Written Notice to Your Landlord
Verbal conversations are easy to deny or forget. Florida law requires you to provide written notice to your landlord about the violation. This notice must be a formal communication that clearly states the problem and gives them a reasonable amount of time to fix it.
Here’s how to do it:
- Use Certified Mail: Send a letter via certified mail with a return receipt requested. This provides legal proof that your landlord received the notice.
- Specify the Issue: Clearly state the violation and reference Florida Statute § 83.51.
- Give a Deadline: State that the landlord has a certain number of days (usually a reasonable timeframe, often 7 days for major issues) to make the repairs.
- Keep a Copy: Always keep a copy of the letter you sent.
Step 3: The “Notice and Cure” Period
This is where your landlord has a chance to fix the problem. Florida law requires this “notice and cure” period before you can take further action. If the landlord makes a good-faith effort to repair the issue within the specified time, you’ll need to allow them to do so.
However, if they fail to act, you have options.
Your Options When the Landlord Fails to Act
If your landlord ignores your written notice or fails to make the necessary repairs, Florida law provides you with two main courses of action. You cannot simply stop paying rent! Florida law is very specific on this and simply withholding rent can lead to eviction.
- The “Constructive Eviction” Route:
If the violations are so severe that the property becomes uninhabitable (e.g., no running water, a collapsed roof, a massive pest infestation), you may be able to move out. This is known as “constructive eviction.” By moving out, you are essentially treating the landlord’s failure to repair as if they have evicted you. However, this is a risky legal strategy and should only be pursued after seeking legal advice.
- The “Rent Withholding” Route (The Right Way):
This is the most common and legally sound option. Under Florida Statute § 83.60, you can withhold rent, but you must do it correctly:
- Send a New Notice: After the initial repair deadline passes, send a second written notice via certified mail. This letter should state that because the landlord failed to make the repairs, you will be withholding rent until the issues are resolved.
- Pay Rent into a Separate Account: Crucially, you must deposit the withheld rent into a separate bank account. This money is not yours to spend. It shows the court that you are a good-faith tenant ready to pay, but only once the landlord fulfills their legal obligations.
- File a Lawsuit: Once you’ve withheld rent and deposited it into a separate account, the landlord will likely file an eviction lawsuit against you. This is your chance to use their failure to maintain the property as your defense. The court will then decide who is in the right and may order the landlord to make the repairs or even reduce your rent.
Key Takeaway: Don’t Go It Alone
At ViolationClinic.com, we specialize in helping property owners navigate the recertification process smoothly. Whether you need assistance with inspections, violations, or compliance issues, our team is here to help. Don’t wait until it’s too late, take action today to protect your investment and ensure the safety of your building.
For more information or assistance, contact us at ViolationClinic.com!