Frequently Asked Questions
Common questions about Florida renter rights and rent recovery.
Storm & Property Damage
My apartment was damaged by a hurricane. Can I get my rent reduced? §83.63
Yes. If damage substantially impairs your use of the property, you can either terminate the lease and vacate, or stay and pay reduced rent for the unusable portion until it's repaired.
We lost power for several days after a storm. Can I claim a rent credit?
Yes. Extended power outages can make a unit uninhabitable, especially without AC, refrigeration, or working appliances. We use official utility company outage data to document the duration and calculate appropriate rent credits.
We had to vacate for pest treatment. Is rent abated? §83.51(2)(a)1
Yes. When a landlord requires you to vacate for extermination (up to 4 days), they must abate rent for that period and provide 7 days' written notice.
Repairs & Maintenance
What must my landlord maintain? §83.51
Landlords must comply with building codes and maintain the structure, plumbing, roof, windows, doors, and floors. Multi-unit landlords must also provide pest control, locks, safe common areas, garbage removal, heat, and hot water.
My landlord won't fix serious problems. What can I do? §83.56(1)
Send a written 7-day notice describing the violation and your intent to terminate if not fixed. If not cured, you can vacate without owing rent during the uninhabitable period, or stay and pay reduced rent until it's fixed.
How much notice before my landlord can enter? §83.53
24 hours' reasonable notice for repairs, between 7:30am-8pm, or other reasonable times for inspections and showings. Immediate entry is allowed only for emergencies.
Security Deposits
When must my deposit be returned? §83.49(3)
If no claim: within 15 days. If claiming deductions: landlord must send written notice within 30 days by certified mail or email. You have 15 days to object.
Where can landlords hold deposits? §83.49(1)-(2)
In a separate Florida account (interest or non-interest bearing) or via surety bond. Written disclosure of the depository is required within 30 days.
Can a landlord charge a fee instead of a security deposit? §83.491
Yes, as an option. The fee is non-refundable and doesn't limit your liability for damages or unpaid rent. You can switch to a traditional deposit at any time.
Notices & Termination
What is a 3-day notice? §83.56(3)
A written notice for unpaid rent giving you 3 days (excluding weekends and legal holidays) to pay the amount owed or vacate. The notice must state the exact amount and address.
How much notice to end a month-to-month lease? §83.57
30 days before the end of any monthly period. Week-to-week requires 7 days; year-to-year requires 60 days.
Can leases require move-out notice for a fixed term? §83.575
Yes, if the landlord must give the same notice. The window must be 30-60 days. Early termination fees (up to 2 months' rent) require a separate signed addendum.
Can notices be sent by email? §83.505
Only if both parties signed an email addendum designating addresses. Either party can revoke or update at any time. Notices are deemed delivered when sent.
Eviction & Your Rights
Can my landlord lock me out or shut off utilities? §83.67
No. Possession can only be obtained through court judgment, surrender, or abandonment. Self-help evictions are illegal and you can recover actual damages or 3 months' rent, whichever is greater.
If I'm sued for eviction, must I pay rent into court? §83.60(2)
Yes, if raising any defense other than "already paid." You must deposit accrued and ongoing rent into the court registry within 5 business days of service. Failure to deposit waives your defenses.
Can repair failures be a defense to nonpayment? §83.60(1)(b)
Yes, if you gave proper 7-day notice under §83.56(1). The court can reduce rent by the diminished rental value during the violation period.
Can a landlord retaliate for complaints? §83.64
No. Rent increases, service reductions, or eviction threats in retaliation for good-faith complaints to the landlord, authorities, or tenant union activity are prohibited.
Servicemembers
How can a servicemember terminate a lease early? §83.682
With written notice and orders for PCS ≥35 miles, discharge, government quarters, certain TDY, or changed orders before move-in. Termination is effective 30+ days after landlord receives notice. No penalties apply.
Application timelines for servicemembers? §83.683
Landlords and associations must process servicemember rental applications within 7 days with written approval or denial and reason.
New Laws (2024-2025)
Are flood disclosures required? §83.512
Yes, for leases of 1 year or longer. If the landlord violates this and you suffer substantial property loss from flooding, you can terminate and get prepaid amounts refunded.
Do local ordinances apply? §83.425
No. Florida preempts local regulation of residential tenancies. State law controls screening, deposits, fees, disclosures, and notice requirements.
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