Property Management

A Florida tenant complains to the local code enforcement office about housing code violations. The landlord retaliates by issuing a notice of nonrenewal. Under Florida law, this retaliatory conduct:

AIs permitted since landlords have an absolute right of nonrenewal
BIs prohibited — landlords cannot retaliate against tenants for good-faith housing complaints✓ Correct
CIs only prohibited if the tenant's lease has not yet expired
DRequires proof that the landlord's sole motivation was retaliation

Explanation

Florida's Residential Landlord and Tenant Act (F.S. 83.64) prohibits retaliatory conduct against tenants who complain to code enforcement, participate in tenant organizations, or otherwise exercise their legal rights. Retaliatory conduct includes: raising rent, reducing services, threatening eviction, or refusing to renew within a certain period after the protected activity. There is a rebuttable presumption of retaliation if adverse action occurs within certain time windows.

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