Fla. Stat. § 83.40 et seq. § 83.64
Retaliatory conduct.
Operative Text
(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.
Florida Statute § 83.64 prohibits landlords from taking adverse actions against tenants — such as raising rent, cutting services, or pursuing eviction — when the primary motivation is retaliation for protected tenant conduct. Protected conduct includes complaining to a government agency about housing code violations, joining a tenant organization, exercising fair housing rights, or other activities listed in the statute. The law also defines "discrimination" as treating a tenant differently in rent, services, or legal action, and it carves out an exception when a landlord can demonstrate a legitimate, good-faith reason for the action taken.
Plain English — not legal advice.
Under Fla. Stat. § 83.64, compliant operators generally document all business reasons for rent increases, service changes, or eviction proceedings independently of any tenant complaints or protected activities. Maintaining contemporaneous records — such as maintenance logs, lease-violation notices, and rent-roll histories — helps demonstrate that any adverse action is grounded in good cause, such as nonpayment of rent or a genuine lease violation, rather than retaliation. Operators typically review the timing of any proposed adverse action relative to recent tenant complaints or protected conduct to ensure the record clearly reflects a non-retaliatory basis.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Fla. Stat. § 83.64 gives tenants the right to raise retaliatory conduct as a defense if a landlord increases rent, reduces services, or initiates eviction proceedings primarily in response to protected activities, such as reporting a housing code violation or participating in a tenant organization. To use this defense, a tenant must have acted in good faith when engaging in the protected conduct. Tenants who believe they are experiencing retaliation may consider documenting the timeline of their protected activity and the landlord's subsequent actions, contacting a local tenant-rights organization, or raising the retaliation defense in any eviction proceeding filed against them.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation