[FL] Can a landlord delay plumbing repairs and ban toilet paper use after a sewage backup?

FL Landlord-Tenant

Legal Eagle

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The short answer is you can require the landlord to restore working plumbing and running water, and a toilet paper ban does not fix a mainline backup. I am sorry you are dealing with sewage backup and being unable to shower. Your next move is a written notice that sets a clear deadline, plus a code complaint to force an inspection. That's the short answer.

Here is the long answer: Florida law requires the landlord to maintain functioning facilities for running water and hot water, and to comply with applicable building and health codes, so a sustained backup that prevents normal bathing and wastewater drainage points to a habitability issue. If the landlord materially fails to comply, you can give written notice specifying the problem and stating your intent to terminate if it is not fixed within 7 days.

Lease language that tries to waive or limit these statutory duties can be void and unenforceable to that extent. (Fla. Stat. § 83.47)

The law lets you withhold the rent or move out after the 7th day of a failure to repair.

Here is what you can do legally, step-by-step:

Send a written notice today by text and email if you have it, and also by certified mail if possible, stating: sewage backup, cannot shower, cannot use normal plumbing, date first noticed, date you notified (December 18), and demand a plumber within 24 to 48 hours, and include that this is a material noncompliance with the duty to maintain running water and plumbing.
Take photos and short videos each time the shower or drains back up, and keep a simple log with dates and times, plus copies of all texts and call notes.
File a housing or code complaint for an inspection. If you are in City of Kissimmee limits, use https://www.kissimmee.gov/Business-Development/Code-Enforcement-Compliance/Report-a-Code-Violation. If you are in unincorporated Osceola County or you are not sure, start here: https://www.osceola.org/Services/Code-Enforcement/Register-a-Code-Complaint.

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My roommates and I are renting and are having issues with our landlord. We live in Kissimmee, Florida. Yesterday our landlord told us we can no longer flush toilet paper in the house. He claims that it’s the cause of a recent mainline backup. We have been experiencing this issue since two days ago. We notified our landlord one day ago as of December 18, 2025. He still has not sent a plumber out, and we cannot take a shower because the water backs up into the shower. We have not considered legal action yet and do not know how we can proceed. There are no health effects that we can tell.

Here is part of our lease agreement:

2.6. LANDLORD'S OBLIGATIONS
2.6.1. Services and Utilities
Landlord will only provide the services and utilities as specified in the Basic Terms and as otherwise required under applicable law. Tenant waives all liability of Landlord for any interruption or insufficiency of any service or utility resulting from causes beyond the reasonable control of Landlord.

2.6.2. Maintenance and Repairs
Subject to Tenant’s duties under Section 2.5 above, Landlord will maintain the Property (including its structural elements, roof, and systems) in good order and repair and, if applicable, will maintain the Building common areas in a clean, safe, and sanitary condition. Landlord will be responsible for, and will pay for, repairing (and restoring to working condition) the appliances, fixtures, or equipment located in the Property, except if any repairs are necessary as a result of improper use by Tenant or any Occupant, or the guest of Tenant or any Occupant. Tenant will notify Landlord promptly in writing upon becoming aware of any condition within the Property or, if applicable, in the Building, that requires repair or maintenance by Landlord. Landlord will undertake any required repairs reasonably promptly (and in any event in accordance with applicable law), based on the condition, following receipt of notice. Delay by Landlord in performing or completing any repair will not permit Tenant to complete the repair or incur related expenses or to terminate this Lease.

Lexi, Chatbot

I understand how frustrating it can be to deal with plumbing issues and a non-responsive landlord. Have you documented your communications with the landlord regarding the plumbing problem?

We have some text communications documented and some are verbal.

Lexi, Chatbot

Have you or your roommates experienced any other maintenance issues in the property that have not been addressed by the landlord?

No.

Lexi, Chatbot

Is there anything else the landlord-tenant lawyer should know before I connect you? Rest assured they’ll be able to help with your landlord issues.

No.

Legal Eagle

Hello, I’m Legal Eagle. I’m an attorney who works in your area of law and I’ll help you sort this out today. I’ve read what you shared, so let’s go over what’s happening and what your best next steps look like. When you notified the landlord on December 18, 2025, did you do it in writing, and what exactly did you say, what did the landlord reply, and when was the last time any plumber or maintenance person inspected or serviced the main line before this backup?

"Hey, I want to give a heads up that sewage is backing up in the house. It seems like the main line is clogged from what I can tell, but I don’t know. At the moment we can’t really take a shower or do anything intensive with water because it’s coming up through the shower in the master bathroom. It’s not super urgent, but I figured I’d give you a heads up. I did try running Drano earlier and that didn’t seem to do anything."

Legal Eagle

Thanks for sharing that message. It's good that you notified your landlord promptly. Did your landlord respond to your message, and if so, what did they say? Also, do you know if there have been any previous issues with the plumbing or main line before this incident?

He has not sent a plumber to us yet, and as far as I know, he has not had an inspection any time since we have moved in.

Legal Eagle

Got it, thanks for letting me know. It seems like the landlord hasn't been very responsive. Could you tell me if there are any specific clauses in your lease agreement regarding maintenance or repairs that might apply to this situation?

When his wife came over, she asked if we flushed toilet paper, and we said yes. That proceeded to claim that was the issue and that we cannot flush toilet paper. She specifically said that this was a maintenance issue and we are not upkeeping the property. Her husband called today to confirm this sentiment by saying he is shocked to find out we flush toilet paper.

Legal Eagle

Ok I've got what you're getting at here! Were there any other facts you'd like to add before I answered your question?

Nope, that should be about it.

Legal Eagle

Ok! I've been working on an answer while we've been chatting, so it'll just be a moment.

Thanks!

Legal Eagle

Lease language that tries to waive or limit these statutory duties can be void and unenforceable to that extent. (Fla. Stat. § 83.47)

The law lets you withhold the rent or move out after the 7th day of a failure to repair.

Here is what you can do legally, step-by-step:

Send a written notice today by text and email if you have it, and also by certified mail if possible, stating: sewage backup, cannot shower, cannot use normal plumbing, date first noticed, date you notified (December 18), and demand a plumber within 24 to 48 hours, and include that this is a material noncompliance with the duty to maintain running water and plumbing.
Take photos and short videos each time the shower or drains back up, and keep a simple log with dates and times, plus copies of all texts and call notes.
File a housing or code complaint for an inspection. If you are in City of Kissimmee limits, use https://www.kissimmee.gov/Business-Development/Code-Enforcement-Compliance/Report-a-Code-Violation. If you are in unincorporated Osceola County or you are not sure, start here: https://www.osceola.org/Services/Code-Enforcement/Register-a-Code-Complaint.

Legal Eagle

Does that help clarify things? I want to make sure I didn’t leave anything out.

Nope, this is perfect. Thanks!

Legal Eagle

For sure!

Legal Eagle

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