If you have problems with your apartment, first ask your landlord, in writing,  to repair the problems. If he refuses or fails to act, report the suspected violations to the city, or county if outside city, housing or building inspector. Get a copy of the inspector’s report if available and also gather other evidence concerning the violation such as pictures, physical evidence, or statements from witnesses that have first-hand knowledge of the violation.

If the landlord still refuses or fails to make the repairs, and the violation is substantial and material, (like plumbing or major appliances), you may write a letter to the landlord using the following format:

FROM:
DATE:
TO:

Dear (Landlord):

You are hereby notified that you are in non-compliance with the lease agreement/Florida Statutes/housing code, (choose as applicable). The problems/defects are: (outline all the problems and attach a copy of the inspectors report if available). If every reasonable effort is not made to correct the above violations/deficiencies within 7 days, I intend to: (select one) _____ withhold rent.

Please govern yourself accordingly.

Sincerely,

(Your Signature)

You may deliver the above written notice either by mail or by hand delivery. If you choose to mail your notice, send it “certified mail, return receipt requested” so that you have proof that the landlord received it. The landlord must receive this written notification at least seven (7) days before the rent is due. Therefore, in order to avoid any confusion as to the timeliness of your notice, it is advisable that you personally deliver the notice or send it as early in the rental period (the month) as possible, so that your landlord has even more than the required maximum time within which to make the repairs before your next rental payment is due. Should you hand deliver the notice, you may want to bring a witness with you other than a resident of your household, in case the landlord disputes that the notice was delivered or the date of delivery. Make sure to keep a copy of this letter for your records.  PLEASE NOTE THAT YOUR RENT MUST BE CURRENT AT THE TIME OF DELIVERY.

If the seven days have expired and the landlord still has not corrected the problems, you may withhold your rent. However, if you do withhold your rental payment, you should set that money aside because if the landlord sues you for nonpayment of rent, you will be required to deposit all rent that is due with the registry of the court until the matter is resolved. If the Court determines the defects were not material you may be subject to eviction, past due rent, court costs and attorney’s fees. Use this legal tool only if necessary. If it is not done properly, it could result in an eviction (i.e. rent was not current when delivered, rent was not saved, violations were minor defects, etc.).