FORM 4
NOTICE FROM TENANT TO LANDLORD--WITHHOLDING RENT FOR
FAILURE OF LANDLORD TO MAINTAIN PREMISES AS REQUIRED BY FLORIDA
STATUTE 83.51(1) OR MATERIAL PROVISIONS OF THE RENTAL AGREEMENT
INSTRUCTIONS
A Tenant cannot withhold rent from the Landlord without sending notice and allowing the Landlord time to cure the
non-compliance, violation, or default of its obligations. Failure to send the required notice to the Landlord has
significant impact on a Tenant’s rights under the rental agreement and Florida Statutes. If the non-compliance is not
remedied within the time period specified by statute (or such longer time as may be granted in your written rental
agreement) and the Landlord’s failure to comply renders the dwelling unit untenantable and the Tenant vacates, the
Tenant may vacate and withhold all rent, or, if the failure to comply does not render the dwelling unit untenantable,
rent may be reduced in proportion to the loss of rental value caused by the non-compliance. If the Landlord’s
violation of its obligations is not remedied, but the failure to cure the non-compliance does not render the dwelling
unit untenantable, the Tenant may remain in the dwelling unit and the rent shall be reduced, until the violation is
cured, by an amount in proportion to the loss of rental value caused by the failure to cure the violation. In any legal
proceeding, however, the Tenant will have to pay all past due rent, and rent as it comes due during the legal
proceedings, into the registry of the Court. The Tenant should, therefore, deposit all rent as it comes due in a
separate bank account until the Tenant's disputes with the Landlord have been resolved. For the text of Florida
Statute 83.51(1), and the grounds for withholding rent, see the note to Form 3.
SOURCE: Sections 83.56 and 83.60, Florida Statutes (2007).
FORM NOTES ARE FOR INFORMATIONAL PURPOSES ONLY AND MAY NOT COMPLETELY
DESCRIBE REQUIREMENTS OF FLORIDA LAW. YOU SHOULD CONSULT AN ATTORNEY AS
NEEDED.
NOTICE FROM TENANT TO LANDLORD--WITHHOLDING RENT FOR
FAILURE OF LANDLORD TO MAINTAIN PREMISES AS REQUIRED BY FLORIDA
STATUTE 83.51(1) OR MATERIAL PROVISIONS OF THE RENTAL AGREEMENT
To:
Landlord’s Name
Address
City, State, Zip Code
From:
Date:
Tena
nt
This is to inform you that you are not maintaining my dwelling unit as required by Florida Statute 83.51(1)
or material provisions of our rental agreement. If you do not complete the following repairs, non-
compliance, violation or default, within seven days I intend to withhold all future rental payment and/or
terminate the rental agreement:
[list non-compliance violations or default]
This letter is sent to you pursuant to Florida Statute 83.56.
_______________________________________
Tenant’s Name __________________________
Address, Unit Number ____________________
_______________________________________
Phone Number __________________________
Approved for use under rule 10-2.1(a) of
the Rules Regulating The Florida Bar
The Florida Bar 2010
This form was completed
with the assistance of:
Name:
Address:
Telephone Number:
