Is a Florida Landlord Required to Repair the Air Conditioning if the Lease Requires It?
QUESTION:
I rent a home in Florida, and the air-conditioning system stopped working approximately two weeks ago. My lease states that the landlord is responsible for maintaining the air conditioning. I notified the landlord in writing and by text message, but the landlord has not completed the repair and continues to say it will be addressed later.
The home has become extremely hot, and a young child lives in the residence. What responsibilities does the landlord have under the lease and Florida law, and what steps can a tenant take if the landlord continues to delay the repair?
ANSWER:
Because your lease expressly makes the landlord responsible for maintaining the air conditioning, the landlord’s failure to repair it may be a material lease violation, even though Florida’s general maintenance statute does not specifically require air conditioning in every rental.
Send a formal written notice - not just a text - identifying the broken AC, referencing the lease provision, requesting repair, and stating that you intend to terminate the rental agreement if the noncompliance is not corrected within seven days of delivery; keep a copy and proof of delivery.
Florida law permits termination when a landlord materially fails to comply with a material lease term after proper seven-day notice, but do not simply stop paying rent or pay for repairs and deduct the cost without obtaining legal advice and following the correct procedure. Document the dates, indoor temperatures, all communications, and the impact on the young child. Consider contacting local code enforcement or a tenant-rights/landlord-tenant attorney promptly, particularly given the extreme heat.