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Repair guide

Florida Statute 83.51 in 2026: What Landlords Must Repair, the 7-Day Notice in 83.56, and Rent Withholding in 83.60

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Florida Statute 83.51 in 2026: What Landlords Must Repair, the 7-Day Notice in 83.56, and Rent Withholding in 83.60

This page covers sections 83.51, 83.56 and 83.60 of the Florida Residential Landlord and Tenant Act, as published in the 2026 Florida Statutes. Section 83.51 was last amended by chapter 2025-16, effective July 1, 2025 (HB 615, 2025). Section 83.56 was last amended by chapter 2026-143, effective October 1, 2026 (2026 chapter report, PDF). Section 83.60 was last amended by chapter 2013-136 (s. 83.60).

Checked against the official sources on October 1, 2026.

Not legal advice. For a dispute, talk to a Florida attorney (The Florida Bar).

Official sources:

What 83.51(1) requires of every landlord

Section 83.51(1) says the landlord "at all times during the tenancy shall" (s. 83.51):

"(a) Comply with the requirements of applicable building, housing, and health codes; or

(b) Where there are no applicable building, housing, or health codes, maintain the roofs, windows, doors, floors, steps, porches, exterior walls, foundations, and all other structural components in good repair and capable of resisting normal forces and loads and the plumbing in reasonable working condition."

Screens, from the same subsection (s. 83.51(1)):

  • At the start of the tenancy, the landlord "must ensure that screens are installed in a reasonable condition."
  • After that, the landlord "must repair damage to screens once annually, when necessary, until termination of the rental agreement."
  • The landlord is not required to maintain a mobile home or other structure owned by the tenant.

Single-family homes and duplexes: what can change in writing

  • "The landlord's obligations under this subsection may be altered or modified in writing with respect to a single-family home or duplex" (s. 83.51(1)).
  • Unless otherwise agreed in writing, the landlord of a single-family home or duplex "shall install working smoke detection devices" at the start of the tenancy (s. 83.51(2)(b)).

Extra duties for apartments and other units under 83.51(2)

Unless otherwise agreed in writing, the landlord of a dwelling unit other than a single-family home or duplex must make reasonable provisions for (s. 83.51(2)(a)):

  1. "The extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs."
  2. "Locks and keys."
  3. "The clean and safe condition of common areas."
  4. "Garbage removal and outside receptacles therefor."
  5. "Functioning facilities for heat during winter, running water, and hot water."

Extermination rules in the same paragraph: the landlord gives 7 days' written notice if the tenant must leave for extermination, the tenant leaves for no more than 4 days, and the landlord must abate the rent (s. 83.51(2)(a)1.).

A tenant may not raise a landlord's noncompliance with subsection (2) as a defense to an action for possession under s. 83.59. Where a subsection (1) duty is the same or greater than a subsection (2) duty, subsection (1) controls (s. 83.51(2)(c) and (3)).

Damage the landlord does not have to fix

"The landlord is not responsible to the tenant under this section for conditions created or caused by the negligent or wrongful act or omission of the tenant, a member of the tenant's family, or other person on the premises with the tenant's consent" (s. 83.51(4)).

The tenant's 7-day written notice under 83.56(1)

  • If the landlord "materially fails to comply with s. 83.51(1) or material provisions of the rental agreement within 7 days after delivery of written notice by the tenant specifying the noncompliance and indicating the intention of the tenant to terminate the rental agreement," the tenant may terminate (s. 83.56(1)).
  • If the failure is due to causes beyond the landlord's control and the landlord keeps making every reasonable effort to fix it: a tenant who leaves an untenantable unit owes no rent while it stays uninhabitable; a tenant who stays in a unit that is not untenantable gets rent reduced in proportion to the lost rental value (s. 83.56(1)(a)-(b)).
  • Delivery: by mail, by delivering a true copy, by e-mail under s. 83.505, or by leaving a copy at the residence if the other party is absent. The notice requirements may not be waived in the rental agreement (s. 83.56(4)).
  • E-mail delivery of notices between landlords and tenants requires the conditions in s. 83.505, including an addendum to the rental agreement in a specified form (HB 615, 2025).
  • A tenant who pays rent with actual knowledge of a landlord's noncompliance waives the right to terminate or sue for that noncompliance, but not for a later or continuing noncompliance (s. 83.56(5)(a)).

Rent withholding under 83.60(1)(b)

  • A tenant may raise the landlord's material noncompliance with s. 83.51(1) as a defense "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" (s. 83.60(1)(b)).
  • The notice may go to the landlord, the landlord's designated representative, a resident manager, or whoever collects the rent (s. 83.60(1)(b)).
  • The court or jury decides how much, if any, the rent is reduced for the period of noncompliance (s. 83.60(1)(b)).
  • In a possession case, a tenant who raises any defense other than payment must pay the accrued rent into the court registry. Failing to pay it, or to file a motion to determine rent, within 5 days (excluding Saturdays, Sundays and legal holidays) after service waives every defense other than payment (s. 83.60(2)).
  • The Florida Bar's consumer pamphlet says a tenant who withholds rent should save the money and seek court permission before spending it on the repair, or risk eviction for nonpayment (The Florida Bar).

Landlord entry for repairs

FDACS states that a landlord may enter on reasonable notice and at a reasonable time to make repairs, with "reasonable notice" defined as 24 hours before entry and "reasonable time" as 7:30 a.m. to 8 p.m. (FDACS).

Which repairs need a licensed trade

  • Plumbing: s. 489.105 defines a plumbing contractor as one with the skill to "install, maintain, repair, alter, extend, or, if not prohibited by law, design plumbing" (s. 489.105).
  • Electrical: s. 489.505 defines an electrical contractor as one with the skill to "install, repair, alter, add to, or design" electrical wiring, fixtures and related equipment (s. 489.505).
  • Check a contractor's license on the DBPR license search.
  • Permits on single-family rentals: the HB 803 permit exemption excludes electrical, plumbing, structural, mechanical and gas work (HB 803 permit guide).

HANDYS refers screen repair, door hardware and lock work, floor repairs, drywall and paint to local pros. Ask the building department whether a job needs a permit.

Keeping a repair record

  • A copy of every written notice, the date it was delivered, and the delivery method used under s. 83.56(4) (s. 83.56).
  • FDACS advises a walk-through before signing, with photos, video or notes of problem conditions, and repair terms in the rental agreement or a separate written document signed by both parties (FDACS).
  • Dated photos before and after each repair, and the invoice for the work.

How HANDYS fits

HANDYS is a referral service. Independent local pros do the work, set their own prices and carry their own insurance. HANDYS does not perform work, hold contractor licenses or give legal advice.

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Update log

  • October 1, 2026: first published. Statute text as of October 1, 2026, including the chapter 2026-143 change to s. 83.56.
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