Retaliatory Eviction in Florida: Know Your Rights

Quick Answer Yes — under Florida Statute §83.64, it's illegal for a landlord to raise your rent, cut services, or try to evict you mainly because you complained, reported a code violation, or organized with other tenants. If your landlord's action followed your complaint, you may be able to raise retaliation as a legal defense — and in some cases, a counterclaim.

Did your landlord try to evict you — or threaten to — right after you complained about something in your rental? That may be illegal.

In Florida, it's against the law for a landlord to evict you, or threaten to evict you, because you exercised your rights as a tenant. This is called retaliatory eviction, and Florida Statute §83.64 gives you the right to fight it.

If your landlord responded to a complaint, a repair request, or tenant organizing by trying to remove you from your home, you may have a defense — and potentially a claim of your own.

What Counts as Retaliation Under Florida Law?

Florida law prohibits a landlord from doing any of the following primarily because you exercised your tenant rights:

•        Increasing your rent

•        Reducing or cutting off services (heat, water, AC, trash pickup)

•        Filing or threatening an eviction action

•        Any other form of civil action against you

These protections apply when you've engaged in what the law calls "protected activity."

Reported to a Government Agency

If you contacted code enforcement, the health department, the housing authority, or any other government agency about conditions in your rental — and your landlord retaliated — that's protected activity.

Complained to Your Landlord

Formal complaints about your landlord's obligation to maintain the property, made directly to your landlord, are also protected.

Organized with Other Tenants

If you participated in, encouraged, or organized a tenants' association or similar group, your landlord cannot legally punish you for it.

Other Protected Activities

Florida law also protects tenants who exercise fair housing rights, and servicemembers who terminate a lease under military orders. These situations are less common, but they're covered by the same statute.

The "Discrimination" Requirement You Should Know About

There's one more piece to a retaliation claim that's easy to miss: Florida law requires you to show your landlord treated you differently — in the rent charged, the services provided, or the action taken — compared to how other tenants were treated. Courts call this "discrimination," and it's a required part of proving retaliation, not just an extra detail.

In practice, this usually means pointing to a clear before-and-after: your rent, your services, or your landlord's actions changed only after you spoke up.

What Retaliatory Eviction Looks Like in Real Life

Retaliation isn't always obvious. Here are situations we see at this office:

•        You call code enforcement about a mold problem. Two weeks later, your landlord sends a notice to vacate.

•        You organize tenants in your building to demand repairs. Suddenly your rent “increases” above what your lease allows.

•        You withhold rent through the proper legal process because of habitability issues. Your landlord files for eviction citing “non-payment” even though you paid into the court registry.

•        You contact the health department about a pest infestation. Your landlord claims you violated your lease.

The timing matters. If your landlord's action comes shortly after protected activity, that's evidence of retaliation — and Florida courts take that seriously.

How Do You Raise a Retaliation Defense?

If your landlord files for eviction, you can raise retaliatory conduct as a legal defense in court. This is outlined in Florida Statute §83.64. To use this defense, you must:

1.     Have acted in good faith when you made the complaint or exercised your rights.

2.     Be able to show the landlord's action was motivated primarily by retaliation, not a legitimate reason.

3.     Document the protected activity, the timing of the landlord's response, and the different treatment described above.

Your landlord can defeat this defense by proving there is good cause for the eviction — for example, genuine, documented non-payment of rent that has nothing to do with your complaint. This is why documentation matters from day one.

Related: Illegal Landlord Retaliation in Florida  |  Proving Landlord Retaliation Under Florida Law

When to Call a Tenant Rights Attorney

You don't have to wait for a court date to get clarity. Consider calling a tenant rights attorney if:

•        You complained, reported a code violation, or organized with other tenants — and your landlord responded with a notice, rent increase, or service cutoff soon after.

•        You've already received a notice to vacate or an eviction lawsuit that you believe is payback for speaking up.

•        You're not sure whether what happened to you counts as “protected activity” under Florida law.

•        You want help documenting the timeline before you respond to a notice or court filing.

•        You think you may have a counterclaim against your landlord, not just a defense.

Frequently Asked Questions

What is retaliatory eviction in Florida?

Retaliatory eviction happens when a landlord tries to remove you, raise your rent, or cut off services mainly because you exercised a legal right — like reporting code violations, complaining about repairs, or joining a tenants' association. Florida Statute §83.64 makes this illegal and gives tenants a legal defense in court.

How soon after I complain does retaliation have to happen to count?

There's no fixed number of days in the statute, but Florida courts look closely at timing. If your landlord's notice, rent increase, or lawsuit follows shortly after your complaint — often within weeks — that timing is strong evidence the action was retaliatory, not coincidental.

Can my landlord still evict me if I complained first?

Yes, if your landlord has good cause unrelated to your complaint — for example, real, documented non-payment of rent or a genuine lease violation. Florida law lets a landlord defeat a retaliation defense by proving the eviction is based on legitimate reasons, not payback for speaking up.

What proof do I need to show retaliation?

You'll want to document the protected activity (your complaint, report, or organizing) and the timing of what your landlord did next — notices, rent increases, or service cutoffs. Florida law also requires showing you were treated differently from other tenants regarding rent, services, or the landlord's actions.

Can I use retaliation as a defense if my landlord already filed for eviction?

Yes. Florida Statute §83.64 lets you raise retaliatory conduct as a defense in the eviction case itself — you don't need to file a separate lawsuit first. In some situations, it can also support a counterclaim against your landlord.

What should I do if I think my landlord is retaliating against me?

Keep copies of every complaint, notice, and communication, and note the dates. Then talk to a tenant rights attorney before you respond to any notice or lawsuit — a fast, well-documented response protects both your defense and your home.

Retaliation Is a Serious Matter — And You Shouldn't Face It Alone At the Law Offices of Debi V. Rumph, we work exclusively on behalf of Florida tenants. We've helped tenants use retaliation as a defense and, in some cases, as the basis for a counterclaim. If you think your landlord is punishing you for speaking up, contact us. We'll review what happened and tell you exactly what your options are. → Schedule Your Consultation