Fla. Stat. § 83.40 et seq. § 83.60

Defenses to action for rent or possession; procedure.

In Force
Verified 10/28/2026 · Next check 11/4/2026
FloridaTenant Defenses

Operative Text

Fla. Stat. § 83.40 et seq. § 83.60
(1)(a) In an action by the landlord for possession of a dwelling unit based upon nonpayment of rent or in an action by the landlord under s. 83.55 seeking to recover unpaid rent, the tenant may defend upon the ground of a material noncompliance with s. 83.51(1), or may raise any other defense, whether legal or equitable, that he or she may have, including the defense of retaliatory conduct in accordance with s. 83.64. The landlord must be given an opportunity to cure a deficiency in a notice or in the pleadings before dismissal of the action. (b) The defense of a material noncompliance with s. 83.51(1) may be raised by the tenant if 7 days have elapsed after the delivery of written notice by the tenant to the landlord, specifying the noncompliance and indicating the intention of the tenant not to pay rent by reason thereof. Such notice by the tenant may be given to the landlord, the landlord’s representative as designated pursuant to s. 83.50, a resident manager, or the person or entity who collects the rent on behalf of the landlord. A material noncompliance with s. 83.51(1) by the landlord is a complete defense to an action for possession based upon nonpayment of rent, and, upon hearing, the court or the jury, as the case may be, shall determine the amount, if any, by which the rent is to be reduced to reflect the diminution in value of the dwelling unit during the period of noncompliance with s. 83.51(1). After consideration of all other relevant issues, the court shall enter appropriate judgment. (2) In an action by the landlord for possession of a dwelling unit, if the tenant interposes any defense other than payment, including, but not limited to, the defense of a defective 3-day notice, the tenant shall pay into the registry of the court the accrued rent as alleged in the complaint or as determined by the court and the rent that accrues during the pendency of the proceeding, when due. The clerk shall notify the tenant of such requirement in the summons. Failure of the tenant to pay the rent into the registry of the court or to file a motion to determine the amount of rent to be paid into the registry within 5 days, excluding Saturdays, Sundays, and legal holidays, after the date of service of process constitutes an absolute waiver of the tenant’s defenses other than payment, and the landlord is entitled to an immediate default judgment for removal of the tenant with a writ of possession to issue without further notice or hearing thereon. If a motion to determine rent is filed, documentation in support of the allegation that the rent as alleged in the complaint is in error is required. Public housing tenants or tenants receiving rent subsidies are required to deposit only that portion of the full rent for which they are responsible pursuant to the federal, state, or local program in which they are participating.
Source: Legislative text reproduced verbatim
Plain English

Florida Statute § 83.60 establishes the defenses available to a tenant when a landlord sues for possession of a dwelling unit or for unpaid rent. A tenant may argue that the landlord materially failed to meet maintenance obligations under § 83.51(1), but only after giving the landlord written notice of the problem at least seven days before withholding rent. When a tenant raises any defense other than simple payment in a possession action, the tenant is generally required to deposit the disputed rent into the court registry within five days of being served, or risk automatically losing all defenses except payment.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 28, 2026

Plain English — not legal advice.

For Property Managers

Under Fla. Stat. § 83.60, landlords pursuing eviction or unpaid-rent actions should be aware that tenants may raise maintenance-related defenses tied to § 83.51(1) obligations, as well as equitable defenses such as retaliation. Compliant operators typically keep thorough records of maintenance requests, repairs completed, and any written notices received from tenants, since a court may reduce the rent owed to reflect any period of diminished habitability. Landlords also benefit from knowing that § 83.60(1)(a) provides an opportunity to cure deficiencies in a notice or pleading before a case is dismissed, making timely and accurate documentation of notices especially important.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Fla. Stat. § 83.60 gives tenants the right to defend against a landlord's eviction or rent-recovery action by asserting that the landlord materially failed to comply with the maintenance duties outlined in § 83.51(1), provided the tenant first delivered written notice to the landlord at least seven days before withholding rent. Tenants should be aware of the court-registry deposit requirement under § 83.60(2): when any defense other than payment is raised in a possession action, accrued and ongoing rent must generally be deposited with the court clerk within five days of service, or those defenses may be waived automatically. Tenants navigating these procedures may find it helpful to consult a tenant-rights organization or legal aid office familiar with Florida landlord-tenant law to understand the options available under this provision.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

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References Out

Rules and statutes cited by this regulation

References In

Rules and statutes that cite this regulation

Fla. Stat. § 83.515
Fla. Stat. ch. 83
Fla. Stat. § 83.40
Fla. Stat. ch. 83
Fla. Stat. § 83.515
Fla. Stat. ch. 83
Fla. Stat. ch. 83
Fla. Stat. § 83.49
Fla. Stat. ch. 83
Fla. Stat. ch. 83
Fla. Stat. § 83.51
Fla. Stat. § 83.505
Fla. Stat. ch. 83
Fla. Stat. § 83.49
Fla. Stat. § 83.45
Fla. Stat. § 83.47
Fla. Stat. ch. 83
Fla. Stat. § 83.43
Fla. Stat. § 83.505
Fla. Stat. ch. 83
Fla. Stat. § 83.505
Fla. Stat. § 83.59
Fla. Stat. § 83.51
Fla. Stat. § 83.52
Fla. Stat. § 83.505
Fla. Stat. § 83.60
Fla. Stat. § 83.49
Fla. Stat. § 83.46
Fla. Stat. § 83.56
Fla. Stat. § 83.56
Fla. Stat. § 83.57
Fla. Stat. § 83.59
Fla. Stat. § 83.575
Fla. Stat. § 83.55
Fla. Stat. § 83.51
Fla. Stat. § 83.64
Fla. Stat. § 83.50
Fla. Stat. § 83.60
Fla. Stat. § 83.49
Fla. Stat. § 83.56
Fla. Stat. § 83.682
Fla. Stat. § 83.52
Fla. Stat. § 83.59
Fla. Stat. § 83.56
Fla. Stat. § 83.49
Fla. Stat. § 83.49

Related Rules

§ 8A
Rent withholding; grounds; amount claimed; presumptions and burden of proof; procedures
§ 47a-14c
(Formerly Sec. 19-347m). Tenement receivership: Defense.
§ 47a-14e
(Formerly Sec. 19-347o). Tenement receivership: Owner's right to collect rent moneys.

Source Information

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Fetched:Oct 28, 2026, 06:23 PM UTC