(1) It is unlawful for a landlord to discriminatorily increase a tenant’s rent or decrease services to a tenant, or to bring or threaten to bring an action for possession or other civil action, primarily because the landlord is retaliating against the tenant. In order for the tenant to raise the defense of retaliatory conduct, the tenant must have acted in good faith. Examples of conduct for which the landlord may not retaliate include, but are not limited to, situations where:
(a) The tenant has complained to a governmental agency charged with responsibility for enforcement of a building, housing, or health code of a suspected violation applicable to the premises;
(b) The tenant has organized, encouraged, or participated in a tenant organization;
(c) The tenant has complained to the landlord pursuant to s. 83.56(1);
(d) The tenant is a servicemember who has terminated a rental agreement pursuant to s. 83.682;
(e) The tenant has paid rent to a condominium, cooperative, or homeowners’ association after demand from the association in order to pay the landlord’s obligation to the association; or
(f) The tenant has exercised his or her rights under local, state, or federal fair housing laws.
(2) Evidence of retaliatory conduct may be raised by the tenant as a defense in any action brought against him or her for possession.
(3) In any event, this section does not apply if the landlord proves that the eviction is for good cause. Examples of good cause include, but are not limited to, good faith actions for nonpayment of rent, violation of the rental agreement or of reasonable rules, or violation of the terms of this chapter.
(4) “Discrimination” under this section means that a tenant is being treated differently as to the rent charged, the services rendered, or the action being taken by the landlord, which shall be a prerequisite to a finding of retaliatory conduct.
History.—s. 8, ch. 83-151; s. 450, ch. 95-147; s. 3, ch. 2003-72; s. 15, ch. 2013-136.
Structure Florida Statutes
Title VI - Civil Practice and Procedure
Chapter 83 - Landlord and Tenant
Part II - Residential Tenancies (Ss. 83.40-83.683)
83.42 - Exclusions from application of part.
83.44 - Obligation of good faith.
83.45 - Unconscionable rental agreement or provision.
83.46 - Rent; duration of tenancies.
83.47 - Prohibited provisions in rental agreements.
83.49 - Deposit money or advance rent; duty of landlord and tenant.
83.50 - Disclosure of landlord’s address.
83.51 - Landlord’s obligation to maintain premises.
83.515 - Background screening of apartment employees; employment disqualification.
83.52 - Tenant’s obligation to maintain dwelling unit.
83.53 - Landlord’s access to dwelling unit.
83.535 - Flotation bedding system; restrictions on use.
83.54 - Enforcement of rights and duties; civil action; criminal offenses.
83.55 - Right of action for damages.
83.56 - Termination of rental agreement.
83.5615 - Protecting Tenants at Foreclosure Act.
83.57 - Termination of tenancy without specific term.
83.575 - Termination of tenancy with specific duration.
83.58 - Remedies; tenant holding over.
83.59 - Right of action for possession.
83.595 - Choice of remedies upon breach or early termination by tenant.
83.60 - Defenses to action for rent or possession; procedure.
83.61 - Disbursement of funds in registry of court; prompt final hearing.
83.62 - Restoration of possession to landlord.
83.625 - Power to award possession and enter money judgment.
83.681 - Orders to enjoin violations of this part.
83.682 - Termination of rental agreement by a servicemember.