Are tenants legally allowed to withhold rent if the landlord fails to make repairs?

In Florida, tenants are legally allowed to withhold rent if the landlord fails to make repairs. This is called the repair-and-deduct remedy, or the tenant’s repair and deduct right. According to Florida law, a tenant can lawfully withhold rent if the landlord fails to make necessary repairs to the rental property or fails to maintain the property in a habitable condition. However, the tenant must be sure to follow the procedures and requirements set forth in Florida Statutes. Some of these procedures include giving written notice to the landlord of the needed repairs and allowing the landlord a reasonable amount of time to make the repairs. In addition, the withheld rent amount should not exceed the cost of the repair or the amount of rent owed for the period during which the landlord failed to make repairs, whichever is less. Finally, before a tenant can exercise the repair-and-deduct remedy, the tenant must be up-to-date on rent payments and not in violation of the lease agreement. If a tenant fails to follow the procedures set forth in Florida Statutes, the tenant may be subject to legal action by the landlord. Therefore, it is important that tenants understand their rights, and take proper action if their landlord fails to make necessary repairs.

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Are tenants legally allowed to withhold rent if the landlord fails to make repairs?

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