Use this landlord repairs / habitability guide to build a clear demand letter for Miami.
Understanding Landlord Repairs and Habitability Issues in Miami, Florida
Miami's subtropical climate and diverse housing stock present unique challenges for tenants seeking to enforce their rights to habitable living conditions. From the historic Art Deco apartments of Miami Beach to modern high-rises in Brickell, from single-family rentals in Coral Gables to garden apartments in Hialeah, Miami-Dade County tenants occupy a wide variety of residential properties, each with distinct maintenance requirements. The combination of Florida's intense heat, humidity, frequent storms, and salt air creates conditions that demand vigilant property maintenance, yet many landlords fail to meet their legal obligations, leaving tenants to deal with mold, broken air conditioning, water intrusion, pest infestations, and other serious habitability problems.
Florida law provides meaningful protections for tenants through the Florida Residential Landlord and Tenant Act (Florida Statutes Chapter 83, Part II), which establishes clear obligations for landlords to maintain rental properties in habitable condition. This comprehensive statute, combined with local building codes and Miami-Dade County housing regulations, creates a framework that requires landlords to maintain structural integrity, provide essential services, address health hazards, and make necessary repairs within reasonable timeframes. Understanding these protections is essential for any Miami tenant facing habitability issues.
A well-written demand letter is often the most effective first step when dealing with an unresponsive landlord. It creates a formal record of your complaints, demonstrates you know your rights under Florida law, and triggers specific statutory deadlines that put legal pressure on the landlord to act. Many habitability disputes resolve quickly after a proper demand letter because landlords understand the legal and financial consequences of continued non-compliance, including potential liability for your attorney's fees if the matter proceeds to litigation.
This comprehensive guide provides Miami-Dade County tenants with detailed information about Florida landlord-tenant law, step-by-step instructions for documenting habitability problems and drafting effective demand letters, explanations of critical deadlines and procedures, and information about local resources available to help resolve housing disputes. Whether you are dealing with a broken air conditioner in August, a leaking roof during hurricane season, or persistent mold problems in your bathroom, this guide will help you understand and assert your rights as a Miami tenant.
Florida Landlord-Tenant Law for Miami Residents
The Florida Residential Landlord and Tenant Act (Florida Statutes Chapter 83, Part II) establishes the legal framework governing residential rental relationships in Florida, including Miami-Dade County. This comprehensive statute defines the rights and obligations of both landlords and tenants and provides specific remedies when those obligations are violated. Understanding these provisions is essential for any tenant seeking to enforce habitability rights.
Florida Statutes Section 83.51 establishes the landlord's obligation to maintain the premises. Subsection (1) requires the landlord to comply with the requirements of applicable building, housing, and health codes. If no applicable codes exist, the landlord must 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 maintain the plumbing in reasonable working condition. This statutory duty cannot be waived by lease provisions.
Section 83.51(2) further requires landlords, at the beginning of the tenancy, to ensure that screens are installed in a reasonable condition if the landlord owns or provides them, and that the landlord installs working smoke detection devices. The landlord must also ensure locks and keys are provided and working.
Florida Statutes Section 83.56(1) provides tenants with powerful remedies when landlords fail to maintain premises. If the landlord materially fails to comply with Section 83.51(1) or the rental agreement, the tenant may deliver written notice to the landlord specifying the noncompliance. If the landlord does not correct the condition within seven days (or a reasonable time for emergencies), the tenant may terminate the rental agreement, withhold rent, or pursue other remedies. This seven-day notice requirement is critical and must be followed precisely.
Section 83.60 establishes the tenant's right to damages when the landlord fails to comply with the rental agreement or statutory obligations. The tenant may recover damages and obtain injunctive relief. Importantly, Section 83.48 provides that the prevailing party in any litigation arising under a rental agreement or the Residential Landlord and Tenant Act may recover reasonable attorney's fees and costs, creating significant leverage for tenants with meritorious claims.
Miami-Dade County Code Chapter 17 establishes additional minimum housing standards that landlords must meet. These local regulations address structural integrity, plumbing and electrical systems, ventilation, sanitation, and other habitability factors. The Miami-Dade Unsafe Structures Board can take action against property owners who fail to maintain safe housing conditions.
The Florida Building Code, adopted locally by Miami-Dade County with additional wind-resistance requirements, establishes construction and maintenance standards for residential properties. Violations of building code requirements can constitute habitability violations actionable under the Landlord and Tenant Act.
Florida law addresses specific habitability concerns common in Miami's climate. Air conditioning is not explicitly required by state statute, but if a landlord provides air conditioning as part of the rental, they must maintain it in working condition. Given Miami's extreme heat and humidity, non-functioning air conditioning can constitute a habitability violation affecting health and safety. Mold remediation requirements are governed by Florida Statutes Section 468.84, and landlords who fail to address mold problems may face liability for resulting health problems and property damage.
Tenants have obligations as well. Section 83.52 requires tenants to comply with building, housing, and health codes; keep the dwelling clean and sanitary; remove garbage; use appliances, plumbing, and electrical systems reasonably; not disturb neighbors; and not intentionally damage the property. Landlords may raise tenant non-compliance as a defense to habitability claims.
Statutes of limitations affect the timing of habitability claims. Contract claims have a five-year limitation period for written agreements under Florida Statutes Section 95.11(2)(b) and four years for oral agreements under Section 95.11(3)(k). However, ongoing habitability violations may create new causes of action as they continue, effectively extending the time to bring claims for persistent problems.
Step-by-Step Guide to Landlord Repair Demand Letters in Miami
Before writing any demand letter, create comprehensive documentation of all habitability issues. Take detailed photographs and videos showing the condition, including wide shots establishing location and close-ups showing specific problems. For issues like mold, leaks, or pest infestations, photograph affected areas daily to document progression or recurrence. Record dates and times when problems occur or worsen. For temperature issues, use a thermometer to record indoor temperatures at various times. For water leaks, measure water intrusion and photograph damage to your belongings. This documentation becomes crucial evidence if your dispute proceeds to court.
Read your lease carefully to understand what maintenance responsibilities are assigned to you versus the landlord. Note any provisions about how to report maintenance issues, required notice periods, or dispute resolution procedures. However, remember that landlords cannot contractually avoid statutory obligations under Florida Statutes Section 83.51. Lease provisions purporting to waive habitability requirements are unenforceable.
Check for code violations and complaints about your building through Miami-Dade County records. The Building Department maintains records of permits, inspections, and violations. The Unsafe Structures Board handles complaints about dangerous conditions. This research helps you understand if problems are systemic and whether the landlord has a history of non-compliance.
Follow your lease's maintenance reporting procedures before sending a formal demand letter. Report issues in writing (email or dated letter) even if you also report verbally or through an online portal. Keep copies of all maintenance requests and note dates, times, and to whom you reported. This establishes that you gave the landlord actual notice and an opportunity to repair before escalating.
Determine what you have lost due to the habitability problems. This includes: reduced value of the premises (often calculated as a percentage reduction in rent for the period of uninhabitability), personal property damage (with receipts or replacement value estimates), medical expenses if health was affected, temporary housing costs if you had to relocate, and additional expenses such as higher utility bills from inefficient systems. Keep all receipts and create a detailed accounting.
Florida Statutes Section 83.56(1) requires a specific written notice format. The notice must specify the nature of the noncompliance and state that the rental agreement will terminate if the condition is not corrected within seven days. Use the language 'seven days' explicitly. Date the notice and keep a copy. This seven-day notice is a prerequisite to exercising certain tenant remedies and should be included with or precede your demand letter.
Your demand letter should include: your name, address, and contact information; the landlord's correct legal name and address (verify through property records); the property address and unit number; a detailed description of habitability problems with dates of occurrence and reporting; reference to Florida Statutes Section 83.51 and the landlord's specific failures to comply; a summary of your prior maintenance requests and the landlord's failures to respond adequately; your calculated damages; your specific demands (repairs needed and/or monetary compensation); a deadline for response (typically 7 days for urgent issues, 14-30 days for less urgent matters); and consequences of non-compliance, including potential litigation and attorney fee recovery under Section 83.48.
Include copies of: photographs documenting the conditions; prior maintenance requests and any responses; the seven-day notice if previously sent; receipts for damaged property or additional expenses; medical records if health was affected; and any relevant lease provisions. Organize attachments logically and reference them in your letter.
Florida Statutes Section 83.56(4) specifies acceptable notice methods: mailing by certified or registered mail to the address designated in the lease, or delivery in person to the landlord, the landlord's agent, or a resident manager. Certified mail with return receipt requested provides the best proof of delivery and establishes when the landlord received notice. Keep postal receipts and the returned green card.
Consider sending copies via email (if you have the landlord's email), regular mail, and hand-delivery to a property manager or management office. Multiple delivery methods ensure receipt and demonstrate thoroughness.
Create a file for your habitability case containing: copies of all correspondence sent and received; delivery receipts and confirmations; ongoing documentation of conditions; notes from any phone conversations (date, time, who you spoke with, what was discussed); and a timeline of all events. This organization will be invaluable if you need to take legal action.
If the landlord does not respond within your deadline, send a follow-up letter noting the non-response. File complaints with Miami-Dade County Code Enforcement and the Building Department. Consider contacting a tenant rights organization or attorney. Prepare to file suit in Miami-Dade County Court if necessary.
Essential Evidence for Miami Habitability Claims
Your Lease Agreement: The lease establishes the baseline terms of your tenancy and the landlord's specific contractual obligations. Keep the original signed lease along with any amendments, addenda, rules, or notices provided during your tenancy. Note any provisions regarding maintenance responsibilities, although statutory habitability requirements cannot be waived. The lease will also contain the landlord's address for notices, which must be used for formal communications under Florida law.
Photographic and Video Evidence: Visual documentation is the most compelling proof of habitability problems. Take photographs immediately when you first notice any issue, then document changes over time. Include wide shots showing the overall area (to establish location) and close-ups highlighting specific damage or conditions. For recurring problems like leaks or pest sightings, photograph each occurrence with date stamps. Video can capture conditions that photographs cannot adequately show, such as water actively leaking, sounds from malfunctioning equipment, or the extent of pest infestations. Store digital files with clear filenames indicating date and subject.
Written Communications: Maintain records of all communications with your landlord regarding habitability issues. This includes: written maintenance requests (keep copies before submitting); emails and their responses; text messages (take screenshots); online portal submissions and confirmations; letters sent and received. For phone calls, immediately follow up with an email summarizing the conversation and asking for confirmation of any commitments made. Florida is a two-party consent state for recording calls, so you cannot record without the other party's knowledge, but detailed written notes made during or immediately after calls are admissible.
Maintenance Request Records: Document every maintenance request you make, including date, time, how you submitted it, what you reported, and any response. If your landlord uses an online portal, take screenshots of your submissions and any responses. If you report problems verbally, follow up in writing confirming what you reported and asking for written confirmation of the work order.
Inspection Reports and Code Violations: Request copies of any inspections conducted on your unit or building. File complaints with Miami-Dade County Building Department or Code Enforcement and obtain copies of any violations issued. These official records carry significant weight in legal proceedings. The Miami-Dade Unsafe Structures Board addresses dangerous conditions and can order repairs.
Medical Records: If habitability problems have affected your health (respiratory issues from mold, infections from unsanitary conditions, injuries from structural defects), obtain medical records documenting diagnosis, treatment, and the doctor's opinion on causation if they are willing to provide one. Medical expenses are recoverable damages.
Expert Assessments: For significant problems like structural defects, electrical hazards, or mold contamination, consider hiring licensed professionals to assess conditions and provide written reports. A licensed contractor's assessment of repair needs, a mold inspection company's findings, or an engineer's structural evaluation adds credibility to your claim and helps establish the extent of problems.
Receipts and Financial Records: Document all expenses caused by habitability problems: temporary housing costs if you had to relocate; replacement costs for damaged personal property (keep damaged items if possible); higher utility bills from inefficient systems; cleaning supplies and equipment; medical copays and medications. Create a spreadsheet itemizing each expense with corresponding receipts.
Witness Information: Identify others who can corroborate your claims: neighbors who have observed similar problems or your specific conditions; visitors who witnessed habitability issues; maintenance workers who came but failed to resolve problems; contractors who assessed conditions. Collect their contact information and ask if they would be willing to provide written statements.
Property Records: Obtain records about your property from Miami-Dade County: property appraiser records showing ownership; permit history showing construction and repairs; code violation history; Unsafe Structures Board records if applicable. These records may reveal patterns of neglect or identify the correct parties to sue.
Critical Deadlines for Habitability Claims in Florida
Seven-Day Notice Requirement: The most important deadline in Florida habitability cases is the seven-day notice requirement under Florida Statutes Section 83.56(1). Before a tenant can terminate a lease, withhold rent, or exercise other remedies for landlord non-compliance with habitability requirements, the tenant must deliver written notice specifying the noncompliance. The landlord then has seven days to cure the problem. For emergencies affecting health and safety, this period may be reduced to whatever is reasonable under the circumstances. The notice must be delivered properly under Section 83.56(4): by certified or registered mail, or in person. Do not skip or shortcut this requirement, as failure to provide proper notice can defeat your claims.
Landlord's Cure Period: After receiving proper seven-day notice, the landlord has seven days to correct the condition. If the condition is not corrected within seven days, the tenant may terminate the rental agreement and vacate, or remain in possession and pursue other remedies. For conditions that cannot be corrected within seven days, the landlord must begin repairs within that period and continue diligently to completion. Emergency conditions threatening health or safety may require immediate action.
Rent Withholding Procedures: Florida law permits rent withholding in limited circumstances, but specific procedures must be followed. Under Section 83.60(1), if the landlord materially fails to comply with Section 83.51(1) and the failure renders the dwelling uninhabitable, the tenant may withhold rent. However, tenants should exercise extreme caution with rent withholding, as improper withholding can lead to eviction. The safest approach is often to deposit withheld rent into an escrow account and seek court guidance.
Lease Termination Deadlines: If you intend to terminate your lease due to habitability violations, do so promptly after the seven-day cure period expires without adequate repairs. Continued residence after giving notice and expiration of the cure period may waive termination rights. Termination notices should clearly state you are terminating due to the landlord's failure to cure the condition specified in your notice.
Statute of Limitations: For breach of lease claims seeking monetary damages, the statute of limitations is five years for written leases under Section 95.11(2)(b) and four years for oral agreements under Section 95.11(3)(k). However, ongoing habitability violations create new causes of action as they continue. Personal injury claims arising from habitability violations have a four-year limitation period. Property damage claims also have a four-year limitation period.
Code Enforcement Timelines: When you file complaints with Miami-Dade County Building Department or Code Enforcement, the agency will typically inspect within a certain timeframe and issue violation notices with deadlines for correction. Follow up on complaint status and obtain copies of any violations issued. Landlords face fines for failing to correct violations within specified timeframes.
Eviction Response Deadlines: If you withhold rent and your landlord files for eviction, you have only five days (excluding weekends and holidays) to respond with your defenses. Failure to respond results in default judgment against you. If you believe you have valid habitability defenses to an eviction action, respond immediately and consider seeking legal assistance.
Typical Timeline for Habitability Disputes: A common timeline follows this pattern: identify problem and report through normal channels (day 1); send seven-day notice if not corrected promptly (within 1-2 weeks); seven-day cure period expires (day 8 after notice); send comprehensive demand letter if not resolved (days 8-14); allow 14-30 days for response to demand; escalate to code enforcement, legal aid, or court if unresolved (days 30-60). Emergency situations compress this timeline significantly.
Common Mistakes to Avoid in Miami Habitability Claims
Failing to Provide Proper Seven-Day Notice: The most critical mistake tenants make is not providing the written seven-day notice required by Florida Statutes Section 83.56(1) before exercising remedies. Without proper notice and an opportunity to cure, your right to terminate the lease, withhold rent, or recover damages may be defeated. Always send the notice in writing via certified mail or hand delivery, retain proof of delivery, and wait for the cure period to expire before taking further action.
Withholding Rent Improperly: While Florida law permits rent withholding in certain circumstances, doing so improperly can lead to eviction. Do not simply stop paying rent without following proper procedures. The safest approach is to continue paying rent while pursuing other remedies, or to deposit rent into an escrow account while seeking court guidance. If you do withhold rent, be prepared for the landlord to file for eviction and have your documentation ready to present your defense.
Not Documenting Problems Adequately: Verbal complaints and vague descriptions are insufficient. Take extensive photographs and videos showing the problems. Document dates, times, and progression of issues. Keep written records of all maintenance requests. Without solid documentation, your case becomes your word against the landlord's.
Reporting Problems Only Verbally: Always put maintenance requests in writing, even if you also report verbally. Email creates an automatic dated record. Follow up phone calls with written summaries. Use certified mail for formal notices. Written documentation is essential evidence if the matter proceeds to court.
Failing to Follow Lease Procedures: Read your lease carefully for required maintenance reporting procedures. While landlords cannot avoid statutory obligations through lease terms, following lease procedures demonstrates good faith and may be required before certain remedies are available. If your lease requires reporting to a specific email address or online portal, use those channels in addition to formal notice methods.
Making Unauthorized Repairs and Deducting from Rent: Unlike some states, Florida does not have a clear 'repair and deduct' remedy allowing tenants to make repairs and deduct costs from rent. Making unauthorized repairs may expose you to liability or lease violations. If repairs are urgently needed and the landlord refuses to act, consult with an attorney before taking matters into your own hands.
Ignoring Eviction Filings: If you withhold rent and your landlord files for eviction, you must respond within five business days. Ignoring the filing results in default judgment against you. Even if you have valid habitability defenses, you must assert them in court. Seek legal assistance immediately if you receive eviction papers.
Destroying or Disposing of Evidence: Do not dispose of damaged property, clean up conditions before documenting them, or delete communications with your landlord. Preserve all evidence related to habitability problems, even if keeping damaged items is inconvenient.
Exaggerating or Fabricating Problems: Courts and landlords can detect exaggeration. Stick to factual, documented conditions. Exaggerating undermines your credibility and may expose you to liability. If a condition is serious, accurate documentation will demonstrate that; embellishment is unnecessary and counterproductive.
Not Addressing Your Own Obligations: Florida Statutes Section 83.52 requires tenants to keep dwellings clean, remove garbage, use systems reasonably, and avoid damaging the property. Landlords may raise tenant non-compliance as a defense to habitability claims. Ensure you are meeting your obligations before claiming the landlord is violating theirs.
Delaying Action: Habitability problems tend to worsen over time. Delay allows damage to accumulate, makes documentation more difficult, and may suggest to a court that conditions were not as serious as claimed. Address problems promptly through proper channels.
Frequently Asked Questions: Landlord Repairs in Miami
Florida statute does not explicitly require landlords to provide air conditioning. However, if the landlord provides air conditioning as part of the rental (either included in the lease or as an existing amenity), they must maintain it in working condition under Florida Statutes Section 83.51. Given Miami's extreme heat and humidity, non-functioning air conditioning can constitute a habitability violation affecting health and safety, particularly for vulnerable populations. If your air conditioning is broken and the landlord provided it, send a seven-day notice demanding repair.
Florida law permits rent withholding in limited circumstances, but procedures must be followed carefully. Under Section 83.60, if the landlord materially fails to comply with habitability requirements, the tenant may withhold rent. However, improper rent withholding is the most common way tenants lose eviction cases. You must first send proper seven-day notice under Section 83.56(1) and allow the cure period to expire. Consider depositing withheld rent into an escrow account. Consult with an attorney before withholding rent.
Florida Statutes Section 83.56(1) requires tenants to provide written notice specifying the landlord's noncompliance before exercising remedies for habitability violations. The notice must state that the rental agreement will terminate if the condition is not corrected. The landlord then has seven days to cure the problem. The notice must be delivered by certified or registered mail, or in person. Failure to provide proper notice can defeat your claims, so this step should never be skipped.
After receiving a proper seven-day notice under Section 83.56(1), the landlord has seven days to correct the condition. For repairs that cannot reasonably be completed within seven days, the landlord must begin repairs and continue diligently to completion. Emergency conditions affecting health and safety may require more immediate action. The specific timeframe depends on the nature and severity of the problem.
Yes, Florida Statutes Section 83.56(1) permits tenants to terminate the rental agreement if the landlord fails to correct habitability violations within seven days of receiving proper notice. You must follow the statutory procedure: send written seven-day notice specifying the noncompliance, wait for the cure period to expire without adequate repairs, then terminate and vacate. Terminating without following proper procedures may expose you to liability for unpaid rent.
Document the mold thoroughly with photographs. Report it in writing to your landlord immediately. Send a seven-day notice if the landlord does not respond adequately. If you experience health problems, see a doctor and keep records. Consider hiring a mold inspection company to assess the extent of contamination. Mold remediation requirements are governed by Florida Statutes Section 468.84. If the landlord fails to address the mold, file complaints with Miami-Dade Code Enforcement and consult with an attorney.
Yes, Florida Statutes Section 83.48 provides that the prevailing party in any litigation arising under a rental agreement or the Residential Landlord and Tenant Act may recover reasonable attorney's fees and court costs. This fee-shifting provision makes legal representation economically viable for tenants with meritorious habitability claims. Reference this provision in your demand letter to increase settlement pressure.
For claims up to $8,000, file in Miami-Dade County Small Claims Court. For claims between $8,001 and $50,000, file in County Court. For claims exceeding $50,000, file in Circuit Court. Eviction cases are heard in County Court. The main courthouse is located at 73 West Flagler Street, Miami, FL 33130. You can also file complaints with Miami-Dade Code Enforcement for code violations.
What to Expect When Settling Habitability Disputes in Miami
Settlement expectations for habitability disputes depend on the severity of conditions, quality of documentation, landlord's responsiveness, and your willingness to pursue litigation if necessary. Understanding realistic expectations helps you evaluate offers and make informed decisions.
For clear habitability violations with good documentation, you can typically expect the landlord to make repairs, especially after receiving a proper seven-day notice and demand letter. Many landlords respond appropriately when they understand a tenant knows their rights and is prepared to enforce them. The threat of code enforcement complaints, negative publicity, and potential litigation motivates compliance.
Monetary settlements depend on factors including the duration and severity of habitability problems, rent paid during periods of reduced habitability, documented property damage, medical expenses if health was affected, temporary housing costs if you had to relocate, and the strength of your evidence. Courts often award rent reductions calculated as a percentage of rent for the period of uninhabitability. Reductions of 20-50% are common for significant problems, with more severe conditions warranting higher reductions.
Florida's attorney fee provision under Section 83.48 significantly influences settlement dynamics. Because prevailing parties recover attorney's fees, landlords facing meritorious claims have strong incentives to settle rather than risk paying your attorney's fees on top of damages. Reference this provision in your demand letter.
The typical settlement process begins after your demand letter creates awareness of legal exposure. If the landlord retains counsel, expect negotiations to proceed through attorney communications. If the landlord responds directly, engage professionally while maintaining clear records. Do not accept inadequate repairs or settlements that do not fully compensate your losses unless you have strategic reasons for doing so.
When settling, ensure any agreement is in writing and specifies: exactly what repairs will be made and by when; any monetary compensation including amount and payment timeline; whether you are releasing claims and, if so, which ones; any lease modifications such as rent reductions, lease termination, or extended terms; and consequences if the landlord fails to perform. Have an attorney review settlement agreements for significant disputes.
Miami's housing market affects settlement dynamics. In areas with high demand and low vacancy, landlords may be less motivated to settle because they can easily find new tenants. In areas with more vacancy, landlords may be more motivated to retain tenants and settle disputes quickly. Your individual circumstances, including how long you have lived in the unit, your payment history, and your desire to remain in the property, also influence negotiation strategy.
Miami Tenant Rights Resources and Contacts
Legal Services of Greater Miami: Provides free legal assistance to low-income Miami-Dade residents including representation in landlord-tenant disputes, eviction defense, and habitability cases.
Phone: (305) 576-0080
Address: 4343 W. Flagler Street, Suite 100, Miami, FL 33134
Website: legalservicesmiami.org
Intake for new clients available by phone
Miami-Dade County Building Department: Handles building code complaints and inspections. Report habitability violations to request official inspections and violation notices against non-compliant landlords.
Phone: (786) 315-2100
Address: 11805 SW 26th Street, Third Floor, Miami, FL 33175
Website: miamidade.gov/building
Complaints can be filed online or by phone
Miami-Dade Code Enforcement: Enforces property maintenance codes and can issue violations for habitability problems.
Phone: (786) 315-2545
Website: miamidade.gov/global/service.page?Mduid_service=ser1528209133426447
Miami-Dade County Small Claims Court: Handles civil claims up to $8,000 including habitability disputes.
Main Courthouse: 73 West Flagler Street, Miami, FL 33130
Phone: (305) 275-1155
Website: miami-dadeclerk.com
Filing fees vary by claim amount
Miami-Dade County Court (Civil Division): Handles claims between $8,001 and $50,000 and eviction cases.
Address: 73 West Flagler Street, Miami, FL 33130
Phone: (305) 275-1155
Florida Attorney General Consumer Protection: Handles complaints about unfair business practices including landlord misconduct.
Consumer Hotline: 1-866-966-7226
Website: MyFloridaLegal.com
Dade County Bar Association Lawyer Referral Service: Provides referrals to attorneys who handle landlord-tenant cases.
Phone: (305) 371-2220
Website: dadecountybar.org
Florida Rural Legal Services: Provides free legal assistance to low-income residents in South Florida including housing cases.
Phone: (561) 582-3918
Website: frls.org
Florida Department of Health (Housing-Related Health Issues): For health hazards like mold exposure.
Miami-Dade County Health Department: (305) 324-2400
Florida Commission on Human Relations: Handles housing discrimination complaints.
Phone: (850) 488-7082
Website: fchr.myflorida.com
Miami Workers Center: (305) 571-5107
Community Justice Project: (786) 495-0541
The Tenant Rights Playbook
Document Everything
Photos, videos, dates. Every leak, every broken fixture, every hazard. Evidence is power.
Written Requests Matter
Verbal requests don't count. Emails, texts, certified letters. Create a paper trail.
Know the Deadlines
Most places give landlords 14-30 days for non-emergency repairs. Emergencies? 24-48 hours.
Habitability Laws Protect You
Most jurisdictions have implied warranty of habitability. Landlords must maintain livable conditions or face consequences.
Florida Landlord Repairs / Habitability Laws
Applicable Laws
- Florida Residential Landlord and Tenant Act
- Fla. Stat. § 83.51
Notice Period
7 days
Consumer Protection Agency
Florida Department of Agriculture Consumer Services
Repair Demand FAQ
What repairs must my landlord make?
Plumbing, heating, electrical, structural issues, pest control, and anything affecting health/safety.
Can I withhold rent?
Some places allow it for serious issues. Check your local laws first - do it wrong and you could face eviction.
How long does my landlord have to make repairs?
Emergency repairs (no heat, flooding) typically require 24-48 hours. Non-emergency repairs usually allow 14-30 days depending on your location.
Can I hire someone and deduct from rent?
Many jurisdictions allow 'repair and deduct' for urgent issues after proper notice. The cost must be reasonable and the repair necessary.
What if the problem makes my unit uninhabitable?
You may be entitled to rent reduction, temporary housing costs, or the right to break your lease without penalty.
Do I need to let my landlord in for repairs?
Yes, but they must give proper notice (usually 24-48 hours) except for genuine emergencies. You can request repairs during reasonable hours.
Can I be evicted for complaining about repairs?
Retaliation for requesting repairs is illegal in most places. Document everything and know your state's anti-retaliation protections.
About FreeDemandLetter
FreeDemandLetter provides free, AI-powered demand letter generation with location-specific legal citations. Our content is reviewed by subject matter specialists and regularly updated to reflect current laws. We help thousands of people resolve disputes effectively—but we're not lawyers, and this isn't legal advice. For complex situations, consult a licensed attorney in your jurisdiction.
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