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The 2025 Florida Statutes
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F.S. 83.20183.201 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.
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Annotations, Discussions, Cases:
Cases Citing Statute 83.201
Total Results: 7
40 So. 3d 901, 2010 Fla. App. LEXIS 10782, 2010 WL 2867895
District Court of Appeal of Florida | Filed: Jul 23, 2010 | Docket: 1219187
Cited 3 times | Published
agreement between such lessee and her or his lessor"); § 83.201, Fla. Stat. (2008) (providing that commercial
895 So. 2d 501, 2005 WL 320665
District Court of Appeal of Florida | Filed: Feb 11, 2005 | Docket: 1255349
Cited 2 times | Published
(2) the Tenant withheld the rent pursuant to section 83.201, Florida Statutes (2001), to make necessary
909 So. 2d 516, 2005 Fla. App. LEXIS 13396, 2005 WL 2043013
District Court of Appeal of Florida | Filed: Aug 26, 2005 | Docket: 64840167
Cited 1 times | Published
failed to satisfy the statutory prerequisites of section 83.201, Florida Statutes (2004),2 to negate the duty
District Court of Appeal of Florida | Filed: Jul 17, 2024 | Docket: 68149054
Published
the leased premises wholly untenantable under section
83.201, Florida Statutes (2020)—the rent withholding
891 So. 2d 1, 2004 Fla. App. LEXIS 11416, 2004 WL 1736993
District Court of Appeal of Florida | Filed: Aug 4, 2004 | Docket: 64835432
Published
the end of the 20-day cure period provided by section 83.201, Florida Statutes (1995). On this limited remand
840 So. 2d 305, 2003 Fla. App. LEXIS 1276, 2003 WL 255379
District Court of Appeal of Florida | Filed: Feb 7, 2003 | Docket: 64821310
Published
failed to meet the 20 day notice requirement of section 83.201, Fla. Stat. (2000), before terminating the
813 So. 2d 254, 2002 Fla. App. LEXIS 4630, 2002 WL 530567
District Court of Appeal of Florida | Filed: Apr 10, 2002 | Docket: 64814163
Published
was entitled to withhold the rent pursuant to section 83.201, Florida Statutes (2000), which permits rent
