Florida law does not require landlords to provide a working air conditioner unless the lease has a clause that states that the landlord will maintain the AC.
Landlords’ obligations to maintain rentals include:
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, 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. The landlord, at commencement of the tenancy, must ensure that screens are installed in a reasonable condition. Thereafter, the landlord must repair damage to screens once annually, when necessary, until termination of the rental agreement.
SOURCE: Section 83.56(1), Florida Statutes (19905)
When is the landlord is responsible for AC maintenance and repairs
If in the lease is written that the landlord will provide, repair, and maintain a working AC, the landlord has a responsibility to repair it.
If the landlord doesn’t fix the problem, the tenant has to follow the following procedure in order to be able to withhold rent payment.
The tenant has to send a 7-Day Notice to the landlord requesting that the AC is fixed.
The notice has to list what needs to be repaired and give the landlord seven days to repair it or replace it.
The notice has to be delivered in person or mailed by certified mail. If the notice is mailed, 5 days should be added to the deadline.
This statement should be included in the notice:
This is to inform you that you are not maintaining my dwelling unit as required by Florida Statute 83.51(1) or material provisions of our rental agreement. If you do not complete the following repairs, noncompliance, violation or default, within seven days I intend to withhold all future rental payments.
If the AC has not been repaired, the tenant can withhold rent.
A tenant cannot withhold rent from the landlord without sending notice and allowing the landlord time to make repairs. If the repairs are not made and the unrepaired dwelling is untenantable, the tenant may vacate and withhold all rent. If the repairs are not made but the failure to make the repairs does not render the dwelling untenantable, the tenant may remain in the dwelling and the rent shall be reduced, until the repairs are made, by an amount in proportion to the loss of rental value caused by the failure to make repairs. In any legal proceeding, however, the tenant will have to pay all past due rent, and rent as it comes due during the legal proceedings, into the registry of the court. The tenant should, therefore, deposit all rent as it comes due in a separate bank account until the tenant’s disputes with the landlord have been solved. For the text of Florida Statute 83.51(1), and the grounds for
withholding rent, see the note to Form 3.
SOURCE: Section 83.56(1), Florida Statutes (19905)
Important:
A tenant cannot use the lack of working ac as a defense to an Eviction Lawsuit.
How can a landlord avoid AC disputes?
Air Conditioners usually break down during the hottest months in Florida. If you are a landlord and have more than one unit, you know that the tenants get really upset if the AC is not working. Even if your lease doesn’t mention that you will be maintaining it. Sometimes these are really great tenants and despite what the law says, it makes sense to keep them happy.
The problem is that AC repairs and replacements are expensive and many times you need to get more than one quote.
In order to have enough time to get quotes and to fix the unit properly, buy portable ACs. Two ACs will be sufficient for a small portfolio of rentals.
