83.201
Notice to landlord of failure to maintain or repair, rendering premises wholly untenantable; right to withhold rent.
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83.201 Notice to landlord of failure to maintain or repair, rendering premises wholly untenantable; right to withhold rent.—When the lease is silent on the procedure to be followed to effect repair or maintenance and the payment of rent relating thereto, yet affirmatively and expressly places the obligation for same upon the landlord, and the landlord has failed or refused to do so, rendering the leased premises wholly untenantable, the tenant may withhold rent after notice to the landlord. The tenant shall serve the landlord, in the manner prescribed by s. 83.20(3), with a written notice declaring the premises to be wholly untenantable, giving the landlord at least 20 days to make the specifically described repair or maintenance, and stating that the tenant will withhold the rent for the next rental period and thereafter until the repair or maintenance has been performed. The lease may provide for a longer period of time for repair or maintenance. Once the landlord has completed the repair or maintenance, the tenant shall pay the landlord the amounts of rent withheld. If the landlord does not complete the repair or maintenance in the allotted time, the parties may extend the time by written agreement or the tenant may abandon the premises, retain the amounts of rent withheld, terminate the lease, and avoid any liability for future rent or charges under the lease. This section is cumulative to other existing remedies, and this section does not prevent any tenant from exercising his or her other remedies.
History.—s. 2, ch. 93-70; s. 438, ch. 95-147.
Notes of Decisions
Cited in 10
cases (3 in the last 5 years), 2002–2024 · leading case: Vance Realty Group, Inc. v. Park Place at Metrowest, Phases Six & Seven, Ltd.
Vance Realty Group, Inc. v. Park Place at Metrowest, Phases Six & Seven, Ltd. (2005)
“Park Place filed a motion seeking disbursement of the funds held in the court registry, asserting that Vance Realty failed to satisfy the statutory prerequisites of section 83.201, Florida Statutes (2004), 2 to negate the duty of payment.”
Legakis v. Loumpos (2010)
“(2008) (permitting a construction lien on leased property “[w]hen an improvement is made by a lessee in accordance with an agreement between such lessee and her or his lessor”); § 83.201, Fla. Stat. (2008) (providing that commercial tenant’s remedy under this chapter, where…”
Boudreau v. M & H FOOD CORP. (2005)
“The Tenant urges affirmance of the trial court's order on its asserted affirmative defenses: (1) the trial court lacked subject matter jurisdiction because the Landlord's written notice was defective; (2) the Tenant withheld the rent pursuant to section 83.201, Florida Statutes…”
Alexander v. A.B. Anks, Inc. (2003)
“For the purpose of its summary judgment hearing and this appeal, Anks admits that it breached the lease by failing to resolve the rodent problem but moved for summary judgment on the sole basis that Alexander failed to meet the 20 day notice requirement of section 83.201, Fla.…”
Buyer's Choice Auto Sales, LLC v. Palm Beach Motors, LLC (2024)
“§ 83.201, Fla. Stat. (2020) (emphasis added).”
Howard Avenue Station, LLC v. Kane (2021)
“First, they served upon the Landlord notice under Fla. Stat. § 83.201 , stating their intention to withhold rent under that statute until the tenancy was rendered habitable.”
Cruise.com, Inc. v. Eller Drive Properties, Inc. (2002)
“com contends that it was entitled to withhold the rent pursuant to section 83.201, Florida Statutes (2000), which permits rent to be withheld by the tenant where the landlord has “failed or refused” to maintain the premises, “rendering the premises wholly untenantable.”
Ortiz v. Howard Avenue Station, LLC (2021)
“However, if the premises are abandoned, the payments withheld may be retained pursuant to Fla. Stat. § 83.201 . Id. at p. 8 . The bankruptcy court then indicated in the August 2019 order “the [July 2019] Order needs no modification.”
State, Department of Corrections v. Brooks (2004)
“' On remand, the trial court must determine whether the Department proved the premises it occupied were “wholly untenantable” at the end of the 20-day cure period provided by section 83.201, Florida Statutes (1995). On this limited remand, should the trial court again find the…”
Lenz v. The Michaels Organization (2020)
“AMC also argues that Plaintiffs have failed to establish that they complied with the necessary conditions to assert a breach of habitability claim as set forth in § 83.201, F.S. As the Court previously discussed, Plaintiffs have sufficiently alleged the existence and terms of…”
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