In Florida, a broken air conditioner isn't an inconvenience. It's a health emergency.

When temperatures hit 95°F and your landlord keeps saying "someone will come by" — or stops responding entirely — you need to know that Florida law gives you real options. Not just the right to complain. Actual legal remedies.

Here's what you can do, step by step.

First: Understand What the Law Actually Says

Florida Statute §83.51 requires landlords to maintain rental units in a "fit and habitable condition." Florida courts have consistently treated working air conditioning — when provided by the landlord — as part of that standard.

Here's the rule that matters: if your landlord provided the AC when you moved in, they are legally required to keep it working. It doesn't matter if it's not in writing. It doesn't matter if your landlord says it's "your problem now." If they gave you a unit with AC, they have to fix it.

The only exception: if you brought the AC unit and it breaks, that's your responsibility.

Step 1: Send a Written 7-Day Notice — Today

Before you can use any of your legal remedies, Florida law requires you to give your landlord written notice.

Under Florida Statute §83.56, you must send a written notice giving your landlord 7 days to make a reasonable effort to repair the problem.

Do it right:

• Write it down. Text messages are not enough. Email is better. Certified mail is best.
• Be specific. "The AC unit in the living room has not been working since [date]. The apartment temperature has reached [X]°F during daytime hours."
• Keep proof. Screenshot the email sent, get a delivery receipt, save the USPS tracking number.
• Document the heat. Take photos of a thermometer showing indoor temperatures. Note the date and time.

Step 2: Wait 7 Days (Document Every Day)

Your landlord has 7 days from receiving your notice to make a reasonable effort to repair — not necessarily to complete the repair, but to actively work on it.

During those 7 days, keep documenting:

• Temperatures inside the unit (photo with timestamp)
• Any health effects, especially for children, elderly family members, or people with medical conditions
• Any communication — or lack of communication — from your landlord
• Any "repair visits" that didn't actually fix anything

Step 3: If They Still Haven't Fixed It, You Have Options

After 7 days with no action, Florida Statute §83.56 gives you the right to:

Option A: Terminate Your Lease and Move Out

You can give your landlord written notice that you are terminating the lease because of their failure to maintain the unit. You don't owe rent for the period after termination, and you may be entitled to your security deposit back.

Option B: File for Rent Reduction in Court

You can pay your rent into the court registry (not stop paying entirely — pay it to the court) while you pursue a court-ordered reduction in rent for the period the AC was broken.

Important: Do NOT simply stop paying rent without following the legal process. If you stop paying rent outside the court process, your landlord can file for eviction, and you will likely lose — even if they were wrong about the AC.

Option C: Contact Code Enforcement

Report the condition to your local code enforcement or housing authority. A code violation on record strengthens your legal position significantly.

What If My Landlord Retaliates?

If you report your landlord to code enforcement or exercise your legal rights — and your landlord responds by threatening to evict you, raising your rent, or cutting off services — that is illegal retaliation under Florida Statute §83.64.

Special Concern: Heat and Health

If anyone in your household is experiencing heat-related illness — dizziness, nausea, confusion, inability to sweat — that is a medical emergency. Call 911.

Florida courts have found that extreme heat constitutes an emergency that can affect the timeline and legal remedies available to tenants. A medical record documenting heat illness strengthens your case.

Don't Wait This Out Alone

A broken AC in Florida isn't something you should have to suffer through while your landlord drags their feet. The law gives you tools. The question is knowing how to use them correctly.

At the Law Offices of Debi V. Rumph, we represent Florida tenants — and only tenants — in exactly these situations. If your landlord is ignoring your AC repair request, contact us before the situation gets worse.

Talk to Debi about your repair situation →