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83.201 Notice to landlord of failure to maintain or repair, rendering premises wholly untenantable; right to withhold rent.
83.11 Distress for rent; complaint. Any person to whom any rent or money for advances is due or the person's agent or attorney may file an action in the court in the county where the land lies having jurisdiction of the amount claimed, and the court shall have jurisdiction to order the relief provided in this part.
If a rental unit develops a serious problem and no longer meets the requirements listed out by Florida law, the landlord is required to fix it. If they refuse or ignore a tenant's repair request, then the tenant is legally allowed to withhold rentas long as they follow the process laid out in the law.
Florida Landlord Tenant Law is set forth in Florida Statutes at Part II, Chapter 83, Florida Residential Landlord Tenant Act. It governs the rights of both landlords and tenants. Even with a signed lease, the Laws prevail over what the lease says, according to The Florida Bar Foundation.
The Tenant Protection Act of 2019 protects a majority of California's renters against outrageous rent increases and unfair evictions. However, not everyone is eligible for these protections. Use our tool to learn about your new rights and determine if you're covered by this new law.
Your landlord has seven days to make a repair in Florida before you can terminate you lease agreement. Assuming that the issue you're dealing with is a violation of Florida's warranty of habitability, state law first requires that you notify your landlord of the issue and allow seven days for it to be fixed.
Landlord insurance does not automatically cover tenant damage and it depends on the scenario in which the damage was caused. Accidental damage can be purchased as an add-on to a policy and can cover unexpected harm to either the building or contents, or both.
In short, California's implied warranty of habitability requires a landlord to keep the premises in a condition fit for the occupation of human beings. Landlords must substantially comply with housing and building codes/standards that materially affect a tenant's safety and health.
The Florida Residential Landlord Tenant Act prevails over what the lease says. A tenant is entitled to the right of private, peaceful possession of the dwelling. Once rented, the dwelling is the tenant's to lawfully use.
If the security deposit doesn't cover all the damages caused by a tenant, a landlord is entitled to sue a tenant to recover the additional money. Often, a landlord will seek damages small enough to be handled by Small Claims Court, which in Florida is $5,000 or less.