As a renter, when something breaks, you are at the mercy of your landlord to fix it.
So what do you do if the person you rent from isn’t taking care of the property? There are several steps tenants can take to try to resolve the situation. But before you do anything rash — like moving out or refusing to pay rent — it’s important to understand how landlord-tenant laws work in Florida.
Both renters and property owners are expected to keep a home in good shape.
It’s worth noting that landlords are not required to provide air conditioning under Florida’s landlord-tenant laws.
You should make a good-faith effort to communicate with your landlord and reach a solution before getting the courts involved, said Tom DiFiore, an attorney with Bay Area Legal Services.
Start by filing a work order and documenting it in writing. Keep track of any correspondence between you and the landlord. Take plenty of pictures and videos that show the problems you’re facing.
If your landlord doesn’t respond, contact your local code enforcement agency or building department and ask them to inspect the property. If you’re a Section 8 voucher recipient, you can also try your local housing authority. Ask for a copy of the inspection.
In some cases, your landlord might let you make repairs yourself and deduct the cost from your rent. If you go this route, make sure you and your landlord have an official agreement signed in writing, or they could try to go back on their word.
If your landlord still isn’t cooperating, you have two options. You can try to cancel your lease and move somewhere else or you can stay and try to force them to make repairs.
In the most severe cases, you may choose to send a notice of noncompliance. This is a letter warning the landlord that you believe they have violated the lease and you intend to take action.
Here is a template you can use with language provided by Bay Area Legal Services.
You’ll need to prove that your landlord has received the letter. If you send it by mail, send it “certified mail, return receipt requested” so you are notified once it’s delivered. If you deliver it in person, bring a witness with you.
Become a Times subscriber to get our afternoon newsletter, The Rundown
We’ll break down Tampa Bay’s biggest environment, politics, business, education and culture news every weekday.
Want more of our free, weekly newsletters in your inbox? Let’s get started.
Your landlord must receive the letter at least seven days before rent is due. You must be current on your rent prior to sending the letter.
This strategy should not be taken lightly as it could escalate the situation and lead your landlord to file for eviction.
Even if you win your case, the public record will still show that an eviction has been filed against you. This can make it difficult to find an apartment in the future.
“Sometimes this may put tenants in a worse position,” DiFiore said. “You have to be strategic and ask yourself, ‘is this really worth it?’”
If your lease is about to end or the problems are manageable, unfortunately sometimes the best option is to do nothing.
Once you’ve filed the notice, your landlord has seven days to show they’ve made a reasonable effort to resolve maintenance issues. This does not mean that your landlord has to have everything fixed by then, they just have to show that they’re trying, DiFiore said. This will be something that the judge considers if your case ends up in court.
The judge also has broad discretion to decide whether the things that need fixing rise to the level of “material noncompliance.” This is usually reserved for major problems, like broken appliances, plumbing issues and faulty electricity. Smaller cosmetic problems like missing tiles, chipped paint or broken cabinetry typically would not qualify.
If there’s no progress made by the time your monthly payment is due, then you can decide whether to withhold rent. Keep in mind, you will be expected to pay once repairs are made, so make sure you have the money on hand.
If you’ve filed a notice to terminate your lease, in theory you should be able to move out within seven days if repairs have not been made.
Still, your landlord could take you to court and argue that you broke your lease and you owe termination fees. This could impact your credit rating and deter other landlords from renting to you.
Refusing to pay rent will likely trigger an eviction even if you’ve properly filed a seven-day notice of noncompliance.
First, you’ll receive an eviction notice. This is a warning that states you have three business days to pay rent or vacate the premises before your landlord files for eviction.
If the landlord files the eviction, you’ll receive a summons from the sheriff’s department.
From there, you have five business days to respond or move out. The summons should include instructions on how and where to submit a response. Jacksonville Area Legal Aid has an online tool to help you write an answer.
You should also file a motion to determine rent. In this letter, you’ll want to describe how the maintenance issues you’ve faced have impacted the material value of the unit. Be sure to attach any evidence as well.
You are expected to pay whatever rent your landlord says you owe into the court registry before you are granted a hearing. That money will be held by the court until the case is decided.
If you do not pay, the motion to determine rent may convince the judge to grant you a case anyway. But more often than not, the case will default in favor of the landlord.
When you arrive at the hearing, come prepared with physical copies of any evidence you have. This includes photos, inspection reports and written correspondence between you and the landlord.
Reporting issues to local authorities can sometimes compel landlords to make repairs. Here are some agencies you should consider reaching out to: