What to Do If Your Landlord Breaks Your Lease in Florida

If you're renting a home or apartment in Florida, your lease agreement is a legally binding contract between you and your landlord. Both sides must follow the terms of the lease, but sometimes landlords might break the agreement—such as entering your unit without notice, failing to make necessary repairs, or ending the lease early without a legal reason. As a renter, knowing your rights and the proper steps to take can make a big difference in protecting your home and finances.

Understanding Lease Violations by Your Landlord

In Florida, landlords must follow Florida's Residential Landlord and Tenant Act, which outlines both landlord and tenant rights and responsibilities¹. Breaking the lease could include:

• Entering your unit without proper notice (usually 12 hours, except in emergencies)
• Failing to provide required maintenance or repairs
• Attempting to evict you without going through the legal eviction process
• Changing locks, shutting off utilities, or removing doors (sometimes referred to as "illegal lockout")

Documenting all incidents and understanding what constitutes a lease violation can help protect your rights during disputes.

First Steps: Communicate and Document

If you believe your landlord has broken the lease in Florida, start by communicating your concerns directly, in writing if possible. Keep records of all emails, letters, texts, or messages. Documentation is essential if the situation escalates or you need to take further action.

• Write a clear, polite letter or email outlining the issue.
• Refer to specific parts of your lease or Florida law that you believe are being broken.
• Request a written response from your landlord within a reasonable timeframe.

Send a Notice of Violation (Seven-Day Notice to Cure)

If your landlord's actions create significant problems or breaches the lease, Florida law allows tenants to deliver a "Seven-Day Notice to Cure" informing the landlord they have seven days to fix the problem. If not remedied, you may have the right to terminate the lease or seek other remedies.

Official Form: Seven-Day Notice to Landlord

• Form Name: Seven-Day Notice to Cure (No official state-issued form, but use the template language found in Florida Statutes Section 83.56(1))
• When to Use: If your landlord violates terms such as failing to make repairs, illegally entering, or disabling services
• Example: You have leaking pipes your landlord refuses to fix. Deliver a Seven-Day Notice, in writing, describing the issue and what action is required.

Report Unresolved Issues to Authorities

If your landlord does not remedy the violation within seven days, you may have several options:

• Terminate the lease: Provide a written notice that you are ending the lease due to your landlord's failure to cure the violation.
• File a complaint: For health or building code violations (such as unsafe conditions or lack of utilities), contact your local county health department or code enforcement office.
• Withhold rent: In very limited circumstances under Florida law, you may be able to withhold rent until the landlord makes essential repairs; always follow strict rules if you pursue this option (see Florida Statutes Section 83.56 for rules).

If the problem remains unresolved, you can consider seeking help from your local courthouse or contacting legal aid organizations for advice on your specific situation.

Filing a Case or Complaint

Should your landlord fail to comply after providing notice, you can file a civil action (lawsuit) in your local county court. Florida county courts handle residential tenancy disputes. The relevant tribunal is the Florida County Court. When filing, include all documentation: copies of your lease, your written notices, photos, messages, and any inspection reports.

• Form: There is no single statewide "tenant complaint" form, but you may use a "Statement of Claim" for small claims cases. Each county court has sample forms and filing instructions.
• Where to file: Your local courthouse's Civil Division. Locate your county’s website through the Florida Courts system.

Know Your Rights Under Florida Law

The main law governing rental agreements in Florida is the Florida Residential Landlord and Tenant Act. This act sets out what landlords can and cannot do regarding entry, repairs, deposits, and eviction. For more details, see the official landlord-tenant rights guide from the Florida Department of Agriculture and Consumer Services.

Frequently Asked Questions

1. What if my landlord enters without notice in Florida?
   Landlords must provide at least 12 hours' notice before entering your unit, except for emergencies. If they repeatedly enter without notice, you may deliver a Seven-Day Notice to Cure and contact local law enforcement for repeated violations.
2. Can I break my lease if my landlord isn't doing repairs?
   Yes, after giving your landlord a written Seven-Day Notice to Cure, if repairs aren’t done within seven days, you may have the right to terminate your lease under Florida law.
3. Who do I report unsafe living conditions to in Florida?
   Report health or safety issues to your county health department or local code enforcement office. For ongoing problems, you may also seek help from the Florida Department of Agriculture and Consumer Services.
4. How do I withhold rent legally in Florida?
   You may withhold rent only for essential repairs or services. You must give written notice first and then deposit rent with the court, not keep it yourself. Read Section 83.56 carefully or talk to legal aid.

Conclusion: Key Takeaways for Florida Renters

• Florida renters are protected by written lease agreements and state law. Always document and communicate any issues in writing.
• If your landlord violates your lease, follow the Seven-Day Notice process before taking further action.
• Know your local resources and rights under Florida’s Residential Landlord and Tenant Act.

Stay informed and don’t hesitate to reach out for help if your landlord is not meeting their legal obligations.

Need Help? Resources for Renters

• Florida Department of Agriculture and Consumer Services: Landlord-Tenant Law Guide
• The Florida Bar: Consumer Guide to Tenant Rights
• Florida Legal Services (free legal help for qualifying tenants)
• Florida Courts Locator – find your county civil court

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1. Florida Statutes Chapter 83, Part II – Residential Landlord and Tenant Act
2. Landlord-Tenant Law – Florida Department of Agriculture and Consumer Services
3. Florida County Courts – Residential Tenancy Disputes

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