Florida Tenant Rights: What to Do When High-Rise Elevators Are Out

Living in a Florida high-rise is convenient—until the elevator stops working. If you or someone in your household depends on elevator access, outages can be more than a nuisance: they can affect your daily life, your safety, and even your legal rights as a renter. This article walks you through what Florida tenants should know about elevator outages, especially when accessibility and disability accommodations are involved.

Florida Law on Elevator Maintenance and Tenant Rights

Under Florida Statutes Section 83.51, landlords must comply with building, housing, and health codes and keep common areas—like elevators—in "good repair." If an elevator goes out, it’s the landlord’s duty to resolve the issue promptly, especially if it affects tenants’ ability to safely access their home.

• Landlords must maintain elevators and fix breakdowns within a reasonable time.
• For tenants with mobility disabilities, timely elevator repairs are often required by both state and federal law for equal access.
• Persistent elevator outages may be a breach of the implied warranty of habitability.

The Florida Residential Landlord and Tenant Act

The main law protecting renters is the Florida Residential Landlord and Tenant Act (Part II, Chapter 83). This legislation outlines the responsibilities of both landlords and tenants and sets procedures if repairs—such as elevator outages—aren’t addressed.

Accessibility and Disability Accommodations

Landlords must comply with the federal Fair Housing Act and the Americans with Disabilities Act in certain buildings. These laws require reasonable accommodations for tenants with disabilities, which can include prioritizing elevator repairs or offering alternative arrangements if possible.

• If you're unable to access your apartment due to an elevator outage and you have a physical disability, you may have a right to request an accommodation.
• Landlords may need to provide ground-floor alternatives, temporary relocation, or other reasonable solutions until service is restored.

What Should Florida Renters Do if the Elevator Is Out?

If you encounter an elevator outage, take these steps to protect your rights and ensure the issue is documented and addressed:

• Notify your landlord in writing right away. Clearly describe the outage, how it impacts your access, and request prompt repairs.
• If you have a disability, specify how the outage affects you and formally request accommodations if needed.
• Keep copies of all communications.
• If not resolved, you may deliver official notice under Florida law using the approved form (explained below).

Key Florida Form: 7-Day Notice to Landlord (For Repairs)

• Form Name: Notice to Landlord—7 Days to Cure (No official statewide form number)
• When Used: If your landlord fails to repair a major issue like an elevator outage, this written notice gives them at least 7 days to resolve the problem.
• How to Use: Deliver the notice in writing (keep a copy). If after 7 days the elevator is still not fixed, you may be allowed to withhold rent, seek repairs, or terminate your lease under the Florida Residential Landlord and Tenant Act, Section 83.56.
• Download a sample 7-Day Notice to Landlord form from the Florida Courts

Filing a Complaint if the Problem Persists

If the elevator is still out after proper notice and you have not received a response, you can:

• File a complaint with the Florida Department of Business and Professional Regulation, Bureau of Elevator Safety.
• Contact your local code enforcement office or the Florida Commission on Human Relations if you believe it is related to a disability accommodation.
• As a final step, you may apply to your local county court, which handles landlord-tenant cases under Florida law.

The main board handling landlord-tenant disputes in Florida is the Florida County Court.

FAQ: Elevator Outages in Florida Rentals

1. Can I withhold rent if my building’s elevator is out in Florida?
   Possibly, but you must give your landlord a 7-Day Notice to Repair first. If not fixed, you may have the right to withhold rent per Florida law. Always follow the legal process.
2. Does my landlord have to provide special help or accommodations if I can’t use the stairs due to a disability?
   Yes. Federal and state law require reasonable accommodations, such as ground floor access, during elevator outages if you have a mobility impairment.
3. What if the elevator outage lasts for weeks?
   If the problem is not addressed after proper notice, you may be able to end your lease, seek alternative housing, or involve local code enforcement.
4. How do I document an elevator outage for my records?
   Take photos, record dates and times, and keep all written communications with your landlord.
5. Where do I file a complaint about elevator safety in Florida?
   Contact the Florida Bureau of Elevator Safety or your local government code enforcement office.

Key Takeaways for Florida Renters

• Landlords must repair elevators promptly and ensure access for all tenants, including those with disabilities.
• Use a 7-Day Notice in writing for unresolved outages before withholding rent or ending your lease.
• You can seek help from the Florida Bureau of Elevator Safety, code enforcement, or the county court system if the problem continues.

Need Help? Resources for Renters

• Florida Residential Landlord and Tenant Act (Official Text)
• Florida Bureau of Elevator Safety—Complaints and Forms
• Florida Commission on Human Relations—Disability Accommodation Questions
• Florida County Courts—Landlord-Tenant Dispute Information
• Sample 7-Day Notice to Landlord (PDF, Florida Courts)

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1. Florida Residential Landlord and Tenant Act, Fla. Stat. §§ 83.40-83.683 (2023)
2. Notice and Termination of Rental Agreement, Fla. Stat. § 83.56 (2023)
3. Federal Fair Housing Act (U.S. Department of Justice)
4. Florida Department of Business and Professional Regulation—Elevator Complaints
5. Florida County Courts—Landlord-Tenant Jurisdiction

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