Rent Abatement in Florida Leases
Rent abatement is a reduction or suspension of rental payments when the leased premises become partially or wholly unusable. In Florida, the right to abatement depends on whether the lease is residential or commercial, and on the specific terms of the lease agreement.
Residential Rent Abatement
Florida Statute Section 83.60 gives residential tenants a statutory right to withhold rent when the landlord fails to maintain habitable conditions. The tenant must deliver written notice identifying the specific deficiency and allow seven days for the landlord to cure. If the landlord does not act, the tenant may pursue remedies including rent abatement, lease termination, or deducting repair costs from future rent.
Commercial Rent Abatement
Commercial leases in Florida operate under freedom of contract principles. Rent abatement rights exist only if the lease expressly provides for them. Common triggers include fire or casualty damage rendering the space unusable, condemnation by a government authority, or the landlord's failure to provide essential services like HVAC or elevator access. Without a written abatement provision, a commercial tenant generally cannot withhold rent.
Related Terms
Barnes Walker Real Estate Law
Barnes Walker advises both landlords and tenants on rent abatement issues in residential and commercial leases throughout Southwest Florida. Contact our real estate team to discuss your situation.
Florida Law Reference
Fla. Stat. Ch. 83, Part II
The Florida Residential Landlord and Tenant Act governs lease agreements, security deposits, maintenance obligations, and the eviction process.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC