My landlord is not making repairs. What can I do?

Does my landlord have to make repairs?

Landlord’s Responsibilities

Yes. Your landlord must make repairs to keep your rental unit safe and in livable condition. 

Local building, housing, and health codes list everything your landlord is legally required to fix. These codes are only for apartment buildings or other multi-unit homes. (For single-family houses or duplexes, always check your lease if you are unsure what your landlord must repair.)

Here are the most common things your landlord must repair and maintain:

• Structural Safety: Roof, walls, doors, windows, steps, and floors must be safe and solid.
• Plumbing: Home must have a working toilet, sink, and hot running water.
• Electrical: Outlets, lighting, and wiring must work safely.
• Locks & Keys: Doors and windows must lock securely.
• Appliances: Any included appliances must work properly.
• Smoke Detectors: Must be installed and working.
• Pest Control: Must treat or exterminate when needed.
• Garbage: Must provide trash bins and pickup service.
• Common Areas: Shared spaces must be kept clean and safe.
• Heating: Must provide working heat in winter.
• Air Conditioning: Not required by law, but must be repaired if included in lease.
• Screens: Landlord must repair damaged window or door screens once per year.

Can my landlord come in whenever they want?

No. You have the right to privacy and peace in your home. Your landlord can’t come in just to harass you. Your landlord can come into your home to:

• Fix or Check Things
  Your landlord can come in to fix things, check the home, or do work you both agreed on.
• Handle Emergencies
  Your landlord can come in right away if there’s an emergency like a big leak or fire.
• Long Absence
  If you’re going to be gone a while, tell your landlord. Your landlord can come in to protect the home from damage (like a leak or broken window) during a "long absence". Legally, a “long absence” means you will be gone for half of your rental payment period. For exampled, if you pay rent monthly, a "long absence" is 2 weeks. 

When your landlord does need to come into your home, they must tell you at least 24 hours before coming in (unless it’s an emergency) and they can only come between 7:30 a.m. and 8:00 p.m.

Tenant’s Responsibilities

Tenants are responsible for everyday upkeep and following community/lease rules. Here are some common things you are responsible for as a tenant:

Maintenance

• Replacing light bulbs
• Changing air filters
• Replacing smoke detector batteries
• Cleaning appliances (oven, grease traps, refrigerator, etc.)

Following Lease & Community Rules

• Pets – Comply with pet policies in your lease.
• Guests – Respect guest limits or visitation rules.
• Noise/Quiet Enjoyment – Avoid disturbing other tenants.
• Parking – Follow parking rules and assigned spaces.
• Smoking – Respect smoking restrictions.
• Mold – Clean and air out unit to prevent mold growth.
• Property Damage – Avoid causing damage beyond normal wear and tear.

Note: If you don’t meet your responsibilities, your landlord must first give you a written notice that explains what needs to be fixed. The Notice should also give you 7 days to fix the issue. This is called a “Notice to Cure”. If you fix the problem in time, you can stay in your home. If you don’t, the landlord may be allowed to file for eviction.

What to Do if Repairs Are Not Made

Before you move in, stop problems with repairs before they begin. Here’s how:

• Do a walk-through with your landlord.
• Write down and take pictures of any existing damage.
• Have your landlord sign your inspection checklist.
• Keep copies for your records.

When you need a repair after you have moved in, follow these steps:

Step 1: Submit a Written Repair Request.

• Take photos of the problem.
• Submit a written request (work order, letter, or email).
• Keep a copy for your records.

Step 2: Follow Up in Writing.

Deliver a second notice if repairs aren’t made.
Best methods:

1. Hand-delivery with a witness.
   Bring another person with you to watch you deliver your request in person.
   Have the landlord and witness sign the request.
2. Certified mail (keep receipt; adds 5 extra days to deadline).
3. Email or text (take screenshots as proof).

Step 3: Contact Code Enforcement.

• File a complaint if the issue involves health, safety, or housing code violations.
• Keep copies of inspection reports.

Step 4: Send a 7-Day Notice.

If your landlord still refuses to make repairs, Florida law gives you two options. You can send your landlord a Notice to Withhold Rent or a Notice to Vacate. (You cannot send either Notice if your rent is past due).

Option 1: 7-Day Notice to Withhold Rent

Use this Notice if you need repairs but want to stay in your home.

• Must be in writing, clearly state needed repairs, and warn that you will withhold rent if the repairs are not completed within 7 days.
• Must be delivered at least 7 days before rent is due (12 if mailed). The due date does not include any grace period your landlord may give you to make a late payment.

If the repairs are not made on time: 

• You may legally withhold rent. Always save the rent money in case the landlord files an eviction for non-payment.

Option 2: 7-Day Notice to Vacate

Use this Notice if conditions are so bad the home is unlivable and you want to move out.

• Must be in writing, clearly state needed repairs, and warn that you will vacate the unit if the repairs are not completed within 7 days.
• Must be delivered at least 7 days before rent is due (12 if mailed).The due date does not include any grace period your landlord may give you to make a late payment.

If the repairs are not made on time:

• You may vacate after the 7-day period is over.
• You must give your landlord your move-out date and forwarding address in writing to get your security deposit back.
• If your landlord makes full repairs within 7 days, you cannot vacate without breaking the lease.

What If the Landlord Only Makes Partial Repairs?

If your landlord makes some or most repairs within 7 days (even if not perfect), a court may consider that “reasonable compliance.” In that case, you cannot withhold rent without risking eviction. If you move out after your landlord made partial/“reasonable” repairs, the landlord may argue you broke the lease.

Here are your options if your landlord made reasonable repairs:

• Pay rent as usual and, if needed, send a new 7-Day Notice for the remaining problems.
• Negotiate with your landlord about unresolved issues.

Examples of “Reasonable Repairs”

• Temporary solution: The landlord patches a roof leak with professional materials and schedules a full repair within a reasonable timeframe.
• Appliance swap: The refrigerator breaks, and the landlord provides a working replacement (even if it’s used or smaller). (Even if the replacement will not get delivered prior to the expiration of the 7 Day Notice–it is a reasonable effort if it was ordered before the deadline.)
• Pest treatment: The landlord hires an exterminator to treat a roach problem. If a follow-up visit is scheduled, that may still count as “reasonable.”
• Plumbing repair: A plumber fixes the leaking pipe, but drywall repair or painting may be delayed until the area is dry.

Section 8 Tenants

If you receive Section 8 housing assistance, you should avoid serving a 7-Day Notice because it may risk your voucher. Try these options first:

• Submit written repair requests.
• File a request for special inspection through your housing authority.
• Contact Code Enforcement if necessary.

Important: No “Self-Help” Repairs in Florida

Florida law does not allow tenants to:

• Make repairs themselves and subtract the cost from rent, OR;
• Pay someone else to do the repairs and subtract the cost from rent.

This is sometimes called the “self-help” rule.

If you do this, your landlord can still treat the rent as unpaid and file for eviction. Even if the repairs were necessary, the court may not side with you if you broke the law by withholding rent improperly. The only legal way to handle major repairs is by using the written 7-Day Notice process. This keeps you protected if the issue goes to court.

Mold Issues in Rental Units

Mold is common in Florida because the weather is hot and humid. It can affect your health and your rights as a renter. It can also cause arguments about whether the home is safe to live in.

Tenant’s Responsibilities

• Keep your home airy and dry; use fans or open windows when you can.
• Clean small spots of mold, like the kind that shows up on a shower wall.
• Tell your landlord right away in writing if you see leaks, damp spots, or mold.

Landlord’s Responsibilities

• Fix leaks or plumbing problems that cause mold.
• Keep the home safe and livable.
• If the landlord didn’t fix the cause of the mold, they may be responsible for cleaning it up.

When Mold Becomes Serious

• If mold spreads or makes you sick, take pictures and keep notes about what’s happening.
• You can ask local code enforcement to inspect your home.
• If a doctor says the mold is hurting your health, it might become a Fair Housing issue — especially if you have a disability that’s made worse by the mold.

Note: Hiring private mold testers can be very expensive. Also, if an inspector or code officer finds that your home is unsafe, the landlord could legally end your lease. Always think carefully before asking for formal inspections.

Last revised by Bay Area Legal Services attorneys: October 7, 2025