Am I still responsible for rent since I am terminating the lease for repairs not made?

Full question:

I have a rental lease/house. The porch has leaked since we moved in 3 years ago and has not been repaired. It still leaks and is sinking. I wrote letter to the landlord in February 2009 and spoke to her September 2008 when we signed new lease to address the issue. I pay rent on time and have never been late. If I give a thirty day notice to move, pay the rent for May, and out by May 31st am I liable for the balance of rent left on lease that will end August 2009? I'm looking at new house Monday April 20th in the morning and need an answer to my question as soon as possible.

• Category: Landlord Tenant
• Subcategory: Lease Termination
• Date: 04/07/2025
• State: Florida

Answer:

The following are Florida statutes:

83.44 Obligation of good faith. —

Every rental agreement or duty within this part imposes an
obligation of good faith in its performance or enforcement.

83.51 Landlord's obligation to maintain premises. —

(1) The landlord at all times during the tenancy shall:

(a) Comply with the requirements of applicable building,
housing, and health codes; or

(b) Where there are no applicable building, housing, or
health codes, maintain the roofs, windows, screens, doors,
floors, steps, porches, exterior walls, foundations, and all
other structural components in good repair and capable of
resisting normal forces and loads and the plumbing in
reasonable working condition. However, the landlord shall
not be required to maintain a mobile home or other structure
owned by the tenant.

The landlord's obligations under this subsection may be
altered or modified in writing with respect to a
single-family home or duplex.

(2)

(a) Unless otherwise agreed in writing, in addition to
the requirements of subsection (1), the landlord of a
dwelling unit other than a single-family home or duplex
shall, at all times during the tenancy, make reasonable
provisions for:

1. The extermination of rats, mice, roaches, ants,
wood-destroying organisms, and bedbugs. When vacation of the
premises is required for such extermination, the landlord
shall not be liable for damages but shall abate the rent.
The tenant shall be required to temporarily vacate the
premises for a period of time not to exceed 4 days, on
7 days' written notice, if necessary, for extermination
pursuant to this subparagraph.

2. Locks and keys.

3. The clean and safe condition of common areas.

4. Garbage removal and outside receptacles therefor.

5. Functioning facilities for heat during winter, running
water, and hot water.

(b) Unless otherwise agreed in writing, at the commencement
of the tenancy of a single-family home or duplex, the
landlord shall install working smoke detection devices. As
used in this paragraph, the term "smoke detection device"
means an electrical or battery-operated device which detects
visible or invisible particles of combustion and which is
listed by Underwriters Laboratories, Inc., Factory Mutual
Laboratories, Inc., or any other nationally recognized
testing laboratory using nationally accepted testing
standards.

(c) Nothing in this part authorizes the tenant to raise a
noncompliance by the landlord with this subsection as a
defense to an action for possession under s. 83.59.

(d) This subsection shall not apply to a mobile home owned
by a tenant.

(e) Nothing contained in this subsection prohibits the
landlord from providing in the rental agreement that the
tenant is obligated to pay costs or charges for garbage
removal, water, fuel, or utilities.

(3) If the duty imposed by subsection (1) is the same or
greater than any duty imposed by subsection (2), the
landlord's duty is determined by subsection (1).

(4) The landlord is not responsible to the tenant under this
section for conditions created or caused by the negligent or
wrongful act or omission of the tenant, a member of the
tenant's family, or other person on the premises with the
tenant's consent.

83.52 Tenant's obligation to maintain dwelling unit. —

The tenant at all times during the tenancy shall:

(1) Comply with all obligations imposed upon tenants by
applicable provisions of building, housing, and health
codes.

(2) Keep that part of the premises which he or she occupies
and uses clean and sanitary.

(3) Remove from the tenant's dwelling unit all garbage in a
clean and sanitary manner.

(4) Keep all plumbing fixtures in the dwelling unit or used
by the tenant clean and sanitary and in repair.

(5) Use and operate in a reasonable manner all electrical,
plumbing, sanitary, heating, ventilating, air-conditioning
and other facilities and appliances, including elevators.

(6) Not destroy, deface, damage, impair, or remove any
part of the premises or property therein belonging to the
landlord nor permit any person to do so.

(7) Conduct himself or herself, and require other persons on
the premises with his or her consent to conduct themselves,
in a manner that does not unreasonably disturb the tenant's
neighbors or constitute a breach of the peace.

83.55 Right of action for damages. —

If either the landlord or the tenant fails to comply with
the requirements of the rental agreement or this part, the
aggrieved party may recover the damages caused by the
noncompliance.

83.56 Termination of rental agreement. —

(1) If the landlord materially fails to comply with
s. 83.51 (1) or material provisions of the rental agreement
within 7 days after delivery of written notice by the tenant
specifying the noncompliance and indicating the intention of
the tenant to terminate the rental agreement by reason
thereof, the tenant may terminate the rental agreement. If
the failure to comply with s. 83.51 (1) or material
provisions of the rental agreement is due to causes beyond
the control of the landlord and the landlord has made and
continues to make every reasonable effort to correct the
failure to comply, the rental agreement may be terminated or
altered by the parties, as follows:

(a) If the landlord's failure to comply renders the dwelling
unit untenantable and the tenant vacates, the tenant shall
not be liable for rent during the period the dwelling unit
remains uninhabitable.

(b) If the landlord's failure to comply does not render the
dwelling unit untenantable and the tenant remains in
occupancy, the rent for the period of noncompliance shall be
reduced by an amount in proportion to the loss of rental
value caused by the noncompliance.

(2) If the tenant materially fails to comply with s. 83.52
or material provisions of the rental agreement, other than a
failure to pay rent, or reasonable rules or regulations, the
landlord may:

(a) If such noncompliance is of a nature that the tenant
should not be given an opportunity to cure it or if the
noncompliance constitutes a subsequent or continuing
noncompliance within 12 months of a written warning by the
landlord of a similar violation, deliver a written notice to
the tenant specifying the noncompliance and the landlord's
intent to terminate the rental agreement by reason thereof.
Examples of noncompliance which are of a nature that the
tenant should not be given an opportunity to cure include,
but are not limited to, destruction, damage, or misuse of
the landlord's or other tenants' property by intentional act
or a subsequent or continued unreasonable disturbance. In
such event, the landlord may terminate the rental agreement,
and the tenant shall have 7 days from the date that the
notice is delivered to vacate the premises. The notice shall
be adequate if it is in substantially the following form:

You are advised that your lease is terminated effective
immediately. You shall have 7 days from the delivery of this
letter to vacate the premises. This action is taken because
__(cite the noncompliance)__.

(b) If such noncompliance is of a nature that the tenant
should be given an opportunity to cure it, deliver a written
notice to the tenant specifying the noncompliance, including
a notice that, if the noncompliance is not corrected
within 7 days from the date the written notice is delivered,
the landlord shall terminate the rental agreement by reason
thereof. Examples of such noncompliance include, but are not
limited to, activities in contravention of the lease or this
act such as having or permitting unauthorized pets, guests,
or vehicles; parking in an unauthorized manner or permitting
such parking; or failing to keep the premises clean and
sanitary. The notice shall be adequate if it is in
substantially the following form:

You are hereby notified that __(cite the noncompliance)__.
Demand is hereby made that you remedy the noncompliance
within 7 days of receipt of this notice or your lease shall
be deemed terminated and you shall vacate the premises upon
such termination. If this same conduct or conduct of a
similar nature is repeated within 12 months, your tenancy is
subject to termination without your being given an
opportunity to cure the noncompliance.

(3) If the tenant fails to pay rent when due and the default
continues for 3 days, excluding Saturday, Sunday, and legal
holidays, after delivery of written demand by the landlord
for payment of the rent or possession of the premises, the
landlord may terminate the rental agreement. Legal holidays
for the purpose of this section shall be court-observed
holidays only. The 3-day notice shall contain a statement in
substantially the following form:

You are hereby notified that you are indebted to me in the
sum of _____ dollars for the rent and use of the premises
__(address of leased premises, including county)__,
Florida, now occupied by you and that I demand payment of
the rent or possession of the premises within 3 days
(excluding Saturday, Sunday, and legal holidays) from the
date of delivery of this notice, to wit: on or before the
_____ day of _____, __(year)__.

__(landlord's name, address and phone number)__

(4) The delivery of the written notices required by
subsections (1), (2), and (3) shall be by mailing or
delivery of a true copy thereof or, if the tenant is absent
from the premises, by leaving a copy thereof at the
residence.

(5) If the landlord accepts rent with actual knowledge of a
noncompliance by the tenant or accepts performance by the
tenant of any other provision of the rental agreement that
is at variance with its provisions, or if the tenant pays
rent with actual knowledge of a noncompliance by the
landlord or accepts performance by the landlord of any other
provision of the rental agreement that is at variance with
its provisions, the landlord or tenant waives his or her
right to terminate the rental agreement or to bring a civil
action for that noncompliance, but not for any subsequent or
continuing noncompliance. Any tenant who wishes to defend
against an action by the landlord for possession of the unit
for noncompliance of the rental agreement or of relevant
statutes shall comply with the provisions in s. 83.60 (2).
The court may not set a date for mediation or trial unless
the provisions of s. 83.60 (2) have been met, but shall enter
a default judgment for removal of the tenant with a writ of
possession to issue immediately if the tenant fails to
comply with s. 83.60 (2). This subsection does not apply to
that portion of rent subsidies received from a local, state,
or national government or an agency of local, state, or
national government; however, waiver will occur if an action
has not been instituted within 45 days of the noncompliance.

(6) If the rental agreement is terminated, the landlord
shall comply with s. 83.49 (3).

83.575 Termination of tenancy with specific duration. —

(1) A rental agreement with a specific duration may contain
a provision requiring the tenant to notify the landlord
before vacating the premises at the end of the rental
agreement; however, a rental agreement may not require more
than 60 days' notice before vacating the premises.

(2) A rental agreement with a specific duration may provide
that if a tenant fails to give the required notice before
vacating the premises at the end of the rental agreement,
the tenant may be liable for liquidated damages as specified
in the rental agreement if the landlord provides written
notice to the tenant specifying the tenant's obligations
under the notification provision contained in the lease and
the date the rental agreement is terminated. The landlord
must provide such written notice to the tenant within
15 days before the start of the notification period
contained in the lease. The written notice shall list all
fees, penalties, and other charges applicable to the tenant
under this subsection.

(3) If the tenant remains on the premises with the
permission of the landlord after the rental agreement has
terminated and fails to give notice required under
s. 83.57 (3), the tenant is liable to the landlord for an
additional 1 month's rent.