Legal Question in Landlord & Tenant Law in Florida

I have a situation in FL. I had a fire in my apartment. Landlord didn’t provide working smoke detector (multiple forms of proof, one being the sticker on the back reading "Replace in 10 years 2004 August 26").

I did not turn stove on - witness was with me at the time of fire - but strange situation as it was a new stove installed the previous day. 2 different appliance technicians examined it and while none could identify the exact cause of the technical glitch, both reports clearly advise not to use the stove in its current state (control board should be replaced, or new stove). Only other damage from fire is microwave; still charred, melted and installed since the fire on 4/3.

Today (5/1) marks 47 out of the 48 days living here without me having a safe working stove. On April 8th, the GE technician recommended not to use the stove until the control board is replaced, stating it could be faulty even though he didn't identify the specific issue. Both reports from the appliance technicians clearly state the stove should not be used in its current state.

No working microwave for the past 28 days.

Landlord refuses to take care of either (lease states those appliances are to be provided by them). I sent an email yesterday stating they have 7 days to fix/replace and if they fail to comply, I intend to do the following: 1) withhold rent pursuant to Florida Statutes 83.60(1)(b); and/or

2) make necessary repairs or replacement and deduct the cost from the rent pursuant to Miami Dade County’s Tenants Bill of Rights - Miami Dade County Ordinance 17-176(2)(e).

They replied threatening to evict me if I do so.

Need to understand my rights. I do not want to get evicted (I just moved in) simply need this resolved. I can’t afford to move again.

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