Landlord Obligations

• Florida expects a landlord to meet his obligations under the tenant-landlord law. Under Florida's Statute Section 83.51 (1), a landlord's responsibility includes keeping the dwelling up to housing and health codes and keep the plumbing in good condition. If the property is a duplex or single-family home, he must keep common areas clean, exterminate pests and remove garbage. When a landlord doesn't uphold his obligations, Florida law allows you to break the lease by withholding rent. Provide the landlord -- in writing -- of your intentions to withhold rent and the reason. Send the letter via certified mail and keep a copy. Wait at least seven days before rent's due for the landlord to remedy the problem.
  
  

Tenant Obligations

• A landlord has the right to evict you for breaking the lease. The process of eviction depends on what part of the lease you're accused of breaching. You're responsible for meeting all the expectations listed in the lease agreement and in Florida's statute. For example, Florida statute prohibits a tenant from destroying, removing or damaging rental property. Under section 83.52, your landlord must provide you with a written notice of non-compliance. If your lease agreement prohibits you from playing loud music after 9 p.m. -- but you do anyway---the landlord can inform you that you're breaking the lease. You have seven days to correct the problem. If you don't, the landlord can require you to move because you've broken the lease.
  
  

Non-payment

• Breaking a lease also includes not paying rent. Florida law allows a landlord to give you a three-day written notice to move. Although the landlord may want you to immediately move, if you don't, he can't throw you out---Florida prohibits that. Instead, he must file a complaint to start legal proceedings to evict you. In court, you and the landlord plead your case to a judge, who determines if you must move.
  
  

Considerations

• If you withhold rent to force the landlord to fix the property, pay the rent to the court registry. The landlord may try to evict you for non-payment. Breaking the lease for non-compliance can also send you to court. If you don't move by the time the landlord indicated, she can start eviction proceedings to remove you and your belongings. Florida law doesn't include holidays or weekends in a three-day notice. Thus, if the landlord gives you a three-day notice on Friday, you include Monday -- not the weekend -- as part of the three-day notice.