Broken AC in a Florida rental: a tenant's guide

What Florida law says

Section 83.51 of the Florida Statutes sets out what a landlord has to maintain. It requires compliance with applicable building, housing and health codes. For buildings other than single-family homes and duplexes, unless the lease says otherwise, it also lists things like heat during winter, running water and hot water.

Air conditioning is not on that list. That surprises people who live in a place with 145 days a year at 90F or hotter, but it is what the statute says. I did not find a state or local rule that requires AC in rentals.

That does not mean you have no options. It means the answer depends on two other things.

Your lease and local codes

Many leases say who is responsible for maintaining it. Read yours for:

• A clause that lists appliances or systems the landlord maintains. AC is often named.
• A clause that makes the tenant responsible for filters and minor repairs.
• How the lease says repair requests must be made, and to whom.
• Whether there is a property manager or an HOA involved.

If the lease says the landlord maintains the AC, that is a contract obligation even though the statute does not list it. Local building and housing codes can also matter, since 83.51 requires the landlord to follow them. What those codes require for a given property is a question for someone who knows them.

Put the request in writing

Call or text if that is how your landlord works, but also send it in writing. Email is fine if your lease allows it. Include:

1. The date the AC stopped working and what it is doing (not cooling, not turning on, leaking, frozen coil).
2. The indoor temperature if you have a thermometer, and anyone in the home who is vulnerable to heat.
3. A request for a repair by a specific, reasonable date.
4. Photos of the thermostat and any water around the air handler.

Keep copies of everything, including the landlord's replies. If you are a tenant, don't hire a contractor and deduct it from rent on your own. That is the kind of step where you want advice first. A local legal aid office or a landlord-tenant attorney can tell you what applies to your situation before you withhold rent or pay for a repair yourself.

Things to check before you call

Some AC failures in a rental are quick fixes you are allowed to check yourself:

• Check that the thermostat is set to cool and the screen has power. Replace the batteries if it uses them.
• Check the breaker panel for a tripped AC breaker. Reset it once. If it trips again, leave it off and report it.
• Look at the filter. A badly clogged filter can freeze the coil and stop cooling.
• Look for water around the indoor unit. A clogged condensate drain can trip a float switch that shuts the AC off. That is common here. Our drain line page explains it.

Mention what you checked in your written request. It saves the technician a trip and shows you acted reasonably.

Heat safety while you wait

A house without AC in a Cape Coral summer gets dangerous, especially at night. In 2016 to 2025, Fort Myers averaged 100 nights a year that never dropped below 75F. A house that cannot cool down overnight does not give your body a break.

The National Weather Service lists the signs. Heat exhaustion usually means heavy sweating and cold, clammy skin, often with nausea or dizziness. Get to a cooler place and sip water. Heat stroke is an emergency: a high body temperature with hot, red skin, or confusion. Call 911.

• Spend the hottest part of the day somewhere air conditioned: a library, a store, a friend's place.
• Check on older neighbors and anyone with a medical condition.
• Pets need the same thought.

If you are the landlord

Cape Coral Cooling Pros is a free referral service. We pass your request to one licensed local HVAC company. Ask the company whether they charge a diagnostic fee before the visit, and ask for the failed part by name and a photo, with the price, so you can compare repair against replacement. Our AC repair cost guide lists published prices for common repairs, and our AC repair page covers the request.