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Your home is more than just four walls and a roof — it’s where you rest, live, and take care of your family. It’s where kids do homework, families eat together, and people find a sense of peace at the end of a long day. Everyone deserves a safe and livable space, but sometimes things break or wear out, and landlords take too long to fix them. Leaks, broken air conditioning, or even mold can make daily life stressful, and waiting for repairs can feel like an impossible wait.
Fortunately, Florida law protects tenants when their home becomes unsafe. Under Florida, Statute 83.60, if your landlord fails to maintain the property, you can raise a defense in an eviction case—but first, you must give the landlord written notice specifying the problem and allow them at least 7 days (or longer if your lease says so) to fix it.
Here are three steps to protect yourself:
- Notify your landlord in writing. Clearly describe what’s broken or unsafe. Make sure to include dates and photos if possible.
- Give the landlord time to repair. The law generally allows at least 7 days. Be sure to document any response or even lack thereof.
- Only think about withholding rent only after Steps 1 and 2 are completed. If the landlord does not fix the problem after you gave written notice and time to repair, you may be allowed to stop paying rent if the home is not safe to live in. Always keep records of what you sent and what happened.
It’s important to know that tenants who report problems can sometimes face retaliation, like threats of eviction or increased pressure. Seniors, families with children, and people with disabilities are often at higher risk.
Even if you take these steps, it’s a good idea to know your full rights. Florida law allows tenants to raise safety or habitability issues as a defense if the landlord later tries to evict you for nonpayment of rent. This can include repairs that weren’t done or dangerous living conditions.
If you’re unsure of your rights, or need guidance on how to protect your home, Legal Services of Greater Miami can help explain your options and support you through the process. Call us at 305-576-0090 or visit legalservicesmiami.org to see if you qualify for assistance today.
