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Florida Landlord Repair Duty and the Tenant's Rent Defense (s. 83.60)

Under Fla. Stat. s. 83.51(1), a Florida landlord must at all times during the tenancy either comply with applicable building, housing, and health codes or, where there are none, keep the structure in good repair and the plumbing in reasonable working condition. If the landlord materially fails and the tenant sends written notice, then after 7 days the tenant may terminate (s. 83.56(1)) or raise the failure as a defense in a nonpayment case (s. 83.60(1)).

What s. 83.51 requires

Single-family home or duplex vs. larger buildings

For a single-family home or duplex, "the landlord's obligations under this subsection may be altered or modified in writing" (s. 83.51(1)). At the start of the tenancy, "unless otherwise agreed in writing," the landlord "shall install working smoke detection devices" (s. 83.51(2)(b)).

For "a dwelling unit other than a single-family home or duplex," s. 83.51(2)(a) adds, "unless otherwise agreed in writing," reasonable provisions for extermination (rats, mice, roaches, ants, wood-destroying organisms, bedbugs), locks and keys, clean and safe common areas, garbage removal, and "functioning facilities for heat during winter, running water, and hot water." On its face, a unit in a three- or four-unit building is not a single-family home or duplex. Note s. 83.51(2)(c): "nothing in this part authorizes the tenant to raise a noncompliance by the landlord with this subsection as a defense to an action for possession under s. 83.59." Its history includes s. 4, ch. 2025-16.

The tenant's remedies

Termination, s. 83.56(1). If the landlord "materially fails to comply with s. 83.51(1) or material provisions of the rental agreement within 7 days after delivery of written notice by the tenant specifying the noncompliance and indicating the intention of the tenant to terminate," the tenant may terminate. If the cause is "beyond the control of the landlord" and the landlord "has made and continues to make every reasonable effort," s. 83.56(1)(a)-(b) says the agreement "may be terminated or altered by the parties" with rent relief: no rent while an untenantable unit stays uninhabitable if the tenant vacates, or rent "reduced by an amount in proportion to the loss of rental value" if the tenant stays. Fla. Stat. s. 83.56 was amended by s. 5, ch. 2025-16 and s. 2, ch. 2026-143. Delivery follows s. 83.56(4).

Rent defense, s. 83.60(1). The text frames this as a court defense, not a standalone right to stop paying. In a nonpayment possession action, "the tenant may defend upon the ground of a material noncompliance with s. 83.51(1)," which "may be raised by the tenant if 7 days have elapsed after the delivery of written notice by the tenant to the landlord, specifying the noncompliance and indicating the intention of the tenant not to pay rent by reason thereof." The notice may go to the landlord, the s. 83.50 designee, a resident manager, or whoever collects the rent. A material noncompliance "is a complete defense to an action for possession based upon nonpayment of rent," and the court "shall determine the amount, if any, by which the rent is to be reduced."

The registry rule

Under Fla. Stat. s. 83.60(2), a tenant who raises any defense other than payment must "pay into the registry of the court the accrued rent as alleged in the complaint or as determined by the court and the rent that accrues during the pendency of the proceeding, when due." Failure to deposit, or to file a motion to determine the rent, "within 5 days, excluding Saturdays, Sundays, and legal holidays, after the date of service of process constitutes an absolute waiver of the tenant's defenses other than payment," and the landlord is entitled to "an immediate default judgment."

Worked timeline

  1. March 3: tenant delivers written notice of a failed water heater, saying rent will be withheld.
  2. March 10: 7 days have elapsed (no weekend exclusion is printed). Fix and document before then.
  3. April 1: rent is withheld. You serve the 3-day notice (s. 83.56(3)) and file. After service, the rent must be in the registry, or a motion filed, within 5 days (excluding Saturdays, Sundays, and legal holidays).

Landlord checklist: respond and keep proof

Re: Your repair request dated [date] - [address]

[Tenant name]: I received your request about [issue] on [date]. [Name /
contractor] will come to [repair] on [date] between
[time] and [time]. This is at least 24 hours' notice under
Fla. Stat. s. 83.53(2). If that time does not work, reply
with another. I will update you by [date].

[Name] [phone] [date sent] [method sent]

Common mistakes

Whether a condition is "material," or how the single-family, duplex, and larger-building split applies to your property, is a question for a Florida attorney.

Sources

Related guides

Informational only, not legal advice. Statute text checked against the 2026 Florida Statutes (Chapter 83, Part II) on October 4, 2026. Statutes change every legislative session and a court may read them differently than a summary does; for a dispute, an eviction or anything expensive to get wrong, talk to a Florida landlord-tenant attorney.

Want the complete picture? The Florida Small Landlord Compliance Guide puts every Part II rule in one place, cites the 2026 statute for each, and includes the statutory notices ready to copy.

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