When Can Tenants Legally Withhold Rent in Florida?

 Posted on January 25, 2026 in Real Estate

As a landlord, you want to rent property to low-maintenance tenants who will avoid causing issues. For a variety of reasons, however, complications often come up. 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. Landlords should understand these justifications so they can avoid making very expensive mistakes in response.

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 statute 83.51, landlords are obligated to meet certain conditions for their tenants. If they do not meet these conditions, 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 usually has 7 days after being notified of an issue to repair the damage.

If the landlord fails to do so, the tenant may withhold rent under Florida statute 83.60. 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 and what you should do next. Florida law gives tenants limited rights to withhold rent under specific circumstances, but they must follow strict procedures.

Understanding whether your tenant followed these rules correctly can make the difference between winning and losing your case. You should also take the following steps:

Review the Terms of the Lease

Go back to your lease agreement and read it carefully. Look for any clauses about maintenance responsibilities, repair timelines, and notice requirements. Your lease may specify how tenants must report problems and how quickly you must respond.

If your tenant claims they withheld rent because of a repair issue, check whether they gave you proper notice according to the lease terms. Many landlords discover their tenant never followed the notification process required in the agreement, which can strengthen your position.

Also review any written communications between you and the tenant to see if there is a paper trail showing what repairs were requested and when.

Review the Tenant's Documentation of Problems with the Unit

Ask your tenant to provide all documentation they have about the issues they claim justify withholding rent. This includes written notices they sent you, photos of the problem, repair estimates, and any reports from local code enforcement.

Florida law requires tenants to give landlords written notice of problems and a reasonable time to fix them before withholding rent. If the tenant cannot produce proper written notice, they may not have the legal right to withhold rent at all.

Look closely at the dates on any documentation. If the tenant withheld rent before giving you a chance to make repairs, or if they failed to notify you in writing as required by law, you have a stronger position. Keep copies of everything the tenant provides, as you may need this evidence in court.

Make Necessary Repairs

Landlords must maintain the rental property in a condition that meets local housing codes and keep the property structurally sound and safe. If your tenant withheld rent because of legitimate repair issues, you may need to fix the problem before you can collect the rent.

Even if you believe the tenant is wrong to withhold rent, addressing the repairs quickly shows good faith and can help your case in court. Document everything you do with photos, receipts, and written records.

Get estimates from contractors if major work is needed. In some cases, making the repairs removes the tenant's legal justification for withholding rent, which lets you proceed with eviction for non-payment if they still refuse to pay.

Ask the Court to Enforce Rent Payment in Escrow

When a tenant withholds rent in Florida and a landlord files an eviction for nonpayment, the tenant must deposit unpaid rent with the court registry, not simply keep it. This is called paying rent into escrow. Florida Statutes Section 83.60 requires tenants who withhold rent to deposit the money with the court clerk within five days of the rent due date.

If your tenant is keeping the rent money instead of depositing it with the court, they are violating the law. You can file a motion asking the court to enforce the escrow requirement or to release the escrowed funds to you if the tenant's claims are not valid.

If the court determines the tenant had no legal right to withhold rent, you can collect the escrowed funds plus any additional rent owed. An attorney can help you file the right paperwork and argue your case before the judge.

Contact an Oakland Park, FL Real Estate Attorney for Landlords

Tenants have rights that are protected under the law but landlords also have legal options at their disposal. Speak with a Broward County, FL rental real estate lawyer for landlords 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.