When Can Tenants Legally Withhold Rent in Florida?

 Posted on September 26, 2024 in Litigation

As a landlord, you want to rent property to low-maintenance tenants who will avoid causing issues. For a variety of reasons, however, complications sometimes arise. One of the most frustrating problems landlords face is non-payment of rent. Tenants may withhold their rent for illegitimate reasons, in which case there is a legal process for eviction. In some cases, however, a tenant may have legal justification for withholding rent. It is important for landlords to understand these justifications so they can avoid being in such a situation if possible.

In this article, we will explore when a tenant can legally withhold rent and what steps a landlord can take in response. If you have a dispute with a tenant, contact a Florida real estate attorney who can guide you to the best legal outcome.

When Can Tenants Legally Withhold Rent?

Under Florida law, landlords are obligated to meet certain conditions. If they fail to do so, tenants can be justified in withholding rent. These conditions include:

• Complying with all housing, building, and health codes

• Ensuring the property has working plumbing 

• Maintaining reasonably sturdy roofs, walls, foundations, floors, doors, and an overall strong structure

• Making sure windows and screens are properly installed

• Exterminating rats, roaches, mice, ants, and termites

• Installing a lock and providing keys

• Providing bins for garbage removal

• Making sure there is running water

• Ensuring there are working heating and cooling systems

• Installing working smoke detectors

If any of the above suffer damages that are not due to the tenant’s negligence, the landlord is required to make the necessary repairs. Unless otherwise stipulated in the lease agreement, a landlord has up to 20 days after being notified of an issue to repair the damage.

If the landlord fails to do so, the tenant may withhold rent. However, the tenant must first serve the landlord with written notice that he or she intends to do so. The letter must also give the landlord a seven-day grace period.

What Should a Landlord Do if a Tenant Legally Withholds Rent?

If a tenant refuses to pay rent, speak with an attorney right away to determine whether it is legal. You should also take the following steps:

• Make all necessary repairs that are within your legal obligation as soon as possible.

• Review the documentation from the tenant to ensure he or she followed the required procedure, including serving the original repair request and the notice of withholding rent within the proper timelines.

• Review the lease to ensure that you are within compliance.

• Ask the court to make the tenant pay the amount of overdue rent into an escrow — called a registry — to ensure he or she is not just pocketing the money.

Contact an Oakland Park, FL Real Estate Attorney

Tenants have rights that are protected under the law but landlords also have legal options at their disposal. Speak with a Broward County, FL real estate lawyer to explore those options, especially if your tenant is threatening to withhold rent. At The Elliot Legal Group, P.A., we understand the challenges landlords face and we will create a personalized legal strategy for your needs. Speak with an experienced attorney by calling 754-332-2101.