Can a tenant withhold rent for repairs in Florida?
In Florida, a tenant may withhold rent because the landlord materially fails to comply with the duty to follow building, housing and health codes or, where there are none, to keep the structure and plumbing in repair, once 7 days have passed after the tenant delivers written notice specifying the problem and stating the intention not to pay rent for that reason, and that failure is then a complete defense to an eviction for nonpayment. The notice may go to the landlord, the landlord’s designated representative, a resident manager or whoever collects the rent. At the hearing, the court or jury decides how much, if anything, the rent is reduced to reflect the loss in value of the unit during the noncompliance. In an eviction for possession, a tenant who raises any defense other than payment must pay the accrued rent alleged in the complaint, or the amount the court sets, and the rent that comes due during the case into the registry of the court, or file a motion to determine the rent, within 5 days after service, excluding Saturdays, Sundays and legal holidays, or the defenses other than payment are waived and the landlord is entitled to an immediate default judgment. Repair-and-deduct is a different remedy with its own rules. This is Fla. Stat. § 83.60.
| What | Florida |
|---|---|
| Rent withholding | Withhold after 7 days’ written notice |
| How it works | The tenant may withhold rent after the required notice |
What the statute says
“… 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.”
Quoted word for word from the section’s text.
Source
Fla. Stat. § 83.60
Read the statute in the Florida Statutes (The Florida Senate): flsenate.gov.
Checked against the statute on November 15, 2026.
This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.
How Seayora uses this rule
Every deadline on this page runs from the tenant’s notice. A repair request filed in Seayora keeps the date it was made and every update after it, on the website and both phone apps, so owner and tenant are working from the same date.
Guides on this rule
- Rent Withholding Laws by State: When Tenants Can Withhold Rent — When a tenant may withhold rent or pay it into escrow over repairs, with the notice and conditions in each of the 19 states with a statute.
Compare this rule in every state
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The same question in other states
- California
- Connecticut
- Delaware
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York