Landlord retaliation law in Florida: what section 83.64 protects and how to defend a legitimate action
Florida Statutes 83.64 makes it unlawful for a landlord to discriminatorily raise a tenant's rent, cut services, or bring or threaten an action for possession or another civil action, primarily because the landlord is retaliating. The tenant has to have acted in good faith. The statute sets no time window, so what matters is the landlord's real reason, and the statute treats good cause, such as unpaid rent, as a full answer.
Which tenant acts does Florida protect?
Section 83.64(1) lists examples and says the list is not complete. Protected conduct includes a tenant's complaint to a governmental agency responsible for enforcing a building, housing or health code about a suspected violation at the premises, organizing, encouraging or taking part in a tenant organization, a complaint to the landlord under section 83.56(1), a servicemember's termination under section 83.682, paying rent to a condominium, cooperative or homeowners' association after the association demanded it to cover the landlord's obligation, and using rights under local, state or federal fair housing law.
The first sentence adds a limit that many landlords miss: to raise the defense, the tenant must have acted in good faith. A complaint invented to stall an eviction does not get the protection.
What counts as retaliation, and what is "discrimination" here?
The conduct covered is increasing rent, decreasing services, and bringing or threatening to bring an action for possession or another civil action. Subsection (4) says "discrimination" means the tenant is treated differently as to the rent charged, the services rendered or the action taken, and that different treatment is a prerequisite to a finding of retaliation. A rent increase that applies to every unit in the building on the same terms is not discriminatory, even if one tenant complained last month. A rent increase aimed at the complaining tenant alone is where the risk sits.
Under subsection (2) the tenant raises retaliation as a defense in a possession action. Notice that the statute does not spell out a damages remedy in this section; it works as a shield in court.
What is the good cause answer?
Subsection (3) says the section does not apply if the landlord proves the eviction is for good cause. Examples include good faith actions for nonpayment of rent, violation of the rental agreement or of reasonable rules, or violation of the terms of the landlord and tenant chapter. So a 3-day notice for rent that is actually unpaid survives a retaliation defense, provided you can show the rent was unpaid and the notice was proper. The burden is yours, which is why documentation matters.
Example a made-up tenant sends a written 7-day notice about a broken heater under section 83.56(1) on Monday, November 2, 2026. On Friday, November 6, the landlord serves a 3-day notice for rent that was due on November 1 and never paid. The landlord's evidence is the ledger entry showing no payment on November 1 and the lease showing the due date. Good cause is nonpayment, not the heater complaint. If instead the landlord had served a 7-day notice for a minor lease rule the landlord had never enforced against anyone else, the timing would look like a response to the complaint.
How do you document a legitimate reason?
- Keep the ledger and the lease on file, with the due date and the missed payment dated.
- Show you apply the same rent increase and the same rule to similar tenants, in writing, before any complaint arrives.
- Respond to the complaint first and record what you did and when.
- Keep notices in the form the statute prescribes and a record of how each was delivered.
Do not turn off a utility or change a lock in response to a complaint or at any other time to push a tenant out. Section 83.67 bars that, with damages of actual and consequential loss or three months' rent, whichever is greater, and attorney's fees.
Where does DoorKeeping fit?
DoorKeeping keeps the maintenance requests, tenant messages, rent ledger and notices for each unit in one timeline, so the date of a complaint and the date of your next action sit side by side. That record is what you show a judge. You decide and act yourself. This is general information, not legal advice: check the current statute, and ask a local attorney if a tenant raises retaliation.
Sources
- Florida Statutes 83.64, Retaliatory conduct (The Florida Senate), read Oct 30, 2026
- Florida Statutes 83.67, Prohibited practices (The Florida Senate), read Oct 30, 2026
Questions
- Does Florida have a time window for retaliation?
- Section 83.64 sets none. The question is whether the landlord acted primarily because of the tenant's protected act.
- Can a Florida landlord evict for unpaid rent after a tenant complains?
- Yes if the eviction is for good cause such as nonpayment, which the landlord must prove (83.64(3)).
- Must a Florida tenant act in good faith to claim retaliation?
- Yes. The tenant must have acted in good faith to raise the defense (83.64(1)).