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Florida Statutes (Full Volume 1993) CHAPTER 83: 

LANDLORD AND TENANT

PART I NONRESIDENTIAL TENANCIES (ss. 83.001-83.251)
PART II RESIDENTIAL TENANCIES (ss. 83.40-83.681)
PART III SELF-SERVICE STORAGE SPACE (ss.83.801-83.809)


PART I NONRESIDENTIAL TENANCIES

83.001 Application. This part applies to nonresidential tenancies and all tenancies not governed
by part II of this chapter.

History: s. 1, ch. 73-330.

83.01 Unwritten lease tenancy at will; duration. Any lease of lands and tenements, or either, made
shall be deemed and held to be a tenancy at will unless it shall be in writing signed by the lessor.
Such tenancy shall be from year to year, or quarter to quarter, or month to month, or week to
week, to be determined by the periods at which the rent is payable. If the rent is payable weekly,
then the tenancy shall be from week to week; if payable monthly, then from month to month; if
payable quarterly, then from quarter to quarter; if payable yearly, then from year to year.

History: ss. 1, 2, ch. 5441, 1905; RGS 3567, 3568; CGL 5431, 5432; s. 34, ch. 67-254.


83.02 Certain written leases tenancies at will; duration. Where any tenancy has been created by an
instrument in writing from year to year, or quarter to quarter, or month to month, or week to
week, to be determined by the periods at which the rent is payable, and the term of which tenancy
is unlimited, the tenancy shall be a tenancy at will. If the rent is payable weekly, then the tenancy
shall be from week to week; if payable monthly, then the tenancy shall be from month to month; if
payable quarterly, then from quarter to quarter; if payable yearly, then from year to year.

History: s. 2, ch. 5441, 1905; RGS 3568; CGL 5432; s. 2, ch. 15057, 1931; s. 34, ch. 67-254.


83.03 Termination of tenancy at will; length of notice. A tenancy at will may be terminated by
either party giving notice as follows:
(1) Where the tenancy is from year to year, by giving not less than 3 months' notice prior
to any annual period;
(2) Where the tenancy is from quarter to quarter, by giving not less than 45 days' notice
prior to the end of any quarter;
(3) Where the tenancy is from month to month, by giving not less than 15 days' notice
prior to the end of any monthly period; and
(4) Where the tenancy is from week to week, by giving not less than 7 days' notice prior to
the end of any weekly period.

History: s. 3, ch. 5441, 1905; RGS 3569; CGL 5433; s. 34, ch. 67-254.



83.04 Holding over after term, tenancy at sufferance, etc. When any tenancy created by an
instrument in writing, the term of which is limited, has expired and the tenant holds over in the
possession of said premises without renewing the lease by some further instrument in writing then
such holding over shall be construed to be a tenancy at sufferance. The mere payment or
acceptance of rent shall not be construed to be a renewal of the term, but if the holding over be
continued with the written consent of the lessor then the tenancy shall become a tenancy at will
under the provisions of this law.

History: s. 4, ch. 5441, 1905; RGS 3570; CGL 5434; s. 3, ch. 15057, 1931; s. 34, ch. 67-254.



83.05 Right of possession upon default in rent; determination of right of possession in action or
surrender or abandonment of premises.
(1) If any person leasing or renting any land or premises other than a dwelling unit fails to
pay the rent at the time it becomes due, the lessor has the right to obtain possession of the
premises as provided by law.
(2) The landlord shall recover possession of rented premises only:
(a) In an action for possession under s. 83.20, or other civil action in which the
issue of right of possession is determined;
(b) When the tenant has surrendered possession of the rented premises to the
landlord; or
(c) When the tenant has abandoned the rented premises.
(3) In the absence of actual knowledge of abandonment, it shall be presumed for purposes
of paragraph (2)(c) that the tenant has abandoned the rented premises if:
(a) The landlord reasonably believes that the tenant has been absent from the
rented premises for a period of 30 consecutive days;
(b) The rent is not current; and
(c) A notice pursuant to s. 83.20(2) has been served and 10 days have elapsed
since service of such notice. However, this presumption does not apply if the rent is current or
the tenant has notified the landlord in writing of an intended absence.

History: s. 5, Nov. 21, 1828; RS 1750; GS 2226; RGS 3534; CGL 5398; s. 34, ch. 67-254; s. 1,
ch. 83-151.



83.06 Right to demand double rent upon refusal to deliver possession.
(1) When any tenant refuses to give up possession of the premises at the end of his lease,
the landlord, his agent, attorney or legal representatives, may demand of such tenant double the
monthly rent, and may recover the same at the expiration of every month, or in the same
proportion for a longer or shorter time by distress, in the manner pointed out hereinafter.
(2) All contracts for rent, verbal or in writing, shall bear interest from the time the rent
becomes due, any law, usage or custom to the contrary notwithstanding.

History: ss. 4, 6, Nov. 21, 1828; RS 1759; GS 2235; RGS 3554; CGL 5418; s. 34, ch. 67-254.



83.07 Action for use and occupation. Any landlord, his heirs, executors, administrators or assigns
may recover reasonable damages for any house, lands, tenements, or hereditaments held or
occupied by any person by his permission in an action on the case for the use and occupation of
the lands, tenements, or hereditaments when they are not held, occupied by or under agreement or
demise by deed; and if on trial of any action, any demise or agreement (not being by deed)
whereby a certain rent was reserved is given in evidence, the plaintiff shall not be dismissed but
may make use thereof as an evidence of the quantum of damages to be recovered.

History: s. 7, Nov. 21, 1828; RS 1760; GS 2236; RGS 3555; CGL 5419; s. 34, ch. 67-254.



83.08 Landlord's lien for rent. Every person to whom rent may be due, his heirs, executors,
administrators or assigns, shall have a lien for such rent upon the property found upon or off the
premises leased or rented, and in the possession of any person, as follows:
(1) Upon agricultural products raised on the land leased or rented for the current year. 
This lien shall be superior to all other liens, though of older date.
(2) Upon all other property of the lessee or his sublessee or assigns, usually kept on the
premises. This lien shall be superior to any lien acquired subsequent to the bringing of the
property on the premises leased.
(3) Upon all other property of the defendant. This lien shall date from the levy of the
distress warrant hereinafter provided.

History: ss. 1, 9, 10, ch. 3131, 1879; RS 1761; GS 2237; RGS 3556; CGL 5420; s. 34, ch.
67-254.



83.09 Exemptions from liens for rent. No property of any tenant or lessee shall be exempt from
distress and sale for rent, except beds, bedclothes and wearing apparel.

History: s. 6, Feb. 14, 1835; RS 1762; GS 2238; RGS 3557; CGL 5421; s. 34, ch. 67-254.



83.10 Landlord's lien for advances. Landlords shall have a lien on the crop grown on rented land
for advances made in money or other things of value, whether made directly by them or at their
instance and requested by another person, or for which they have assumed a legal responsibility,
at or before the time at which such advances were made, for the sustenance or well-being of the
tenant or his family, or for preparing the ground for cultivation, or for cultivating, gathering,
saving, handling or preparing the crop for market. They shall have a lien also upon each and
every article advanced, and upon all property purchased with money advanced, or obtained, by
barter or exchange for any articles advanced, for the aggregate value or price of all the property
or articles so advanced. The liens upon the crop shall be of equal dignity with liens for rent, and
upon the articles advanced shall be paramount to all other liens.

History: s. 2, ch. 3247, 1879; RS 1763; GS 2239; RGS 3558; CGL 5422; s. 34, ch. 67-254.



83.11 Distress for rent; complaint. Any person to whom any rent or money for advances is due or
his agent or attorney may file an action in the court in the county where the land lies having
jurisdiction of the amount claimed, and the court shall have jurisdiction to order the relief
provided in this part. The complaint shall be verified and shall allege the name and relationship of
the defendant to the plaintiff, how the obligation for rent arose, the amount or quality and value of
the rent due for such land, or the advances, and whether payable in money, an agricultural
product, or any other thing of value.

History: s. 2, ch. 3131, 1879; RS 1764; GS 2240; RGS 3559; CGL 5423; s. 34, ch. 67-254; s. 1,
ch. 80-282.



83.12 Form of writ. A distress writ shall be issued by a judge of the court which has jurisdiction
of the amount claimed. The writ shall enjoin the defendant from damaging, disposing of,
secreting, or removing any property liable to distress from the rented real property after the time
of service of the writ until the sheriff levies on the property, the writ is vacated, or the court
otherwise orders. A violation of the command of the writ may be punished as a contempt of
court. If the defendant does not move for dissolution of the writ as provided in s. 83.135, the
sheriff shall, pursuant to a further order of the court, levy on the property liable to distress
forthwith after the time for answering the complaint has expired. Before the writ issues, the
plaintiff or his agent or attorney shall file a bond with surety to be approved by the clerk payable
to defendant in at least double the sum demanded or, if property, in double the value of the
property sought to be levied on, conditioned to pay all costs and damages which defendant
sustains in consequence of plaintiff's improperly suing out the distress.

History: s. 2, ch. 3131, 1879; RS 1765; GS 2241; s. 10, ch. 7838, 1919; RGS 3560; CGL 5424; s.
34, ch. 67-254; s. 2, ch. 80-282.



83.13 Levy of writ. The sheriff shall execute the writ by service on defendant and, upon the order
of the court, by levy on property distrainable for rent or advances, if found in his jurisdiction. If
the property is not so found but is in another jurisdiction, he shall deliver the writ to the proper
sheriff in the other jurisdiction; and the other sheriff shall execute the writ, upon order of the
court, by levying on the property and delivering it to the sheriff of the county in which the action
is pending, to be disposed of according to law, unless he is ordered by the court from which the
writ emanated to hold the property and dispose of it in his jurisdiction according to law. If the
plaintiff shows by a sworn statement that the defendant cannot be found within the state, the levy
on the property suffices as service on him.

History: s. 3, ch. 3721, 1887; RS 1765; GS 2241; RGS 3560; CGL 5424; s. 34, ch. 67-254; s. 3,
ch. 80-282; s. 15, ch. 82-66; s. 8, ch. 83-255.



83.135 Dissolution of writ. The defendant may move for dissolution of a distress writ at any time. 
The court shall hear the motion not later than the day on which the sheriff is authorized under the
writ to levy on property liable under distress. If the plaintiff proves a prima facie case, or if the
defendant defaults, the court shall order the sheriff to proceed with the levy.

History: s. 4, ch. 80-282.



83.14 Replevy of distrained property. The property distrained may be restored to the defendant at
any time on his giving bond with surety to the sheriff levying the writ. The bond shall be approved
by such sheriff; made payable to plaintiff in double the value of the property levied on, with the
value to be fixed by the sheriff; and conditioned for the forthcoming of the property restored to
abide the final order of the court. It may be also restored to defendant on his giving bond with
surety to be approved by the sheriff making the levy conditioned to pay the plaintiff the amount or
value of the rental or advances which may be adjudicated to be payable to plaintiff. Judgment
may be entered against the surety on such bonds in the manner and with like effect as provided in
s. 76.31.

History: s. 3, ch. 3131, 1879; RS 1766; s. 1, ch. 4408, 1895; RGS 3561; CGL 5425; s. 34, ch.
67-254; s. 16, ch. 82-66; s. 9, ch. 83-255.



83.15 Claims by third persons. Any third person claiming any property so distrained may interpose
and prosecute his claim for it in the same manner as is provided in similar cases of claim to
property levied on under execution.

History: s. 7, ch. 3131, 1879; RS 1770; GS 2246; RGS 3565; CGL 5429; s. 34, ch. 67-254; s. 17,
ch. 82-66.



83.18 Distress for rent; trial; verdict; judgment. If the verdict or the finding of the court is for
plaintiff, judgment shall be rendered against defendant for the amount or value of the rental or
advances, including interest and costs, and against the surety on defendant's bond as provided for
in s. 83.14, if the property has been restored to defendant, and execution shall issue. If the verdict
or the finding of the court is for defendant, the action shall be dismissed and defendant shall have
judgment and execution against plaintiff for costs.

History: RS 1768; s. 3, ch. 4408, 1895; GS 2244; RGS 3563; CGL 5427; s. 14, ch. 63-559; s. 34,
ch. 67-254; s. 18, ch. 82-66.



83.19 Sale of property distrained. 
(1) If the judgment is for plaintiff and the property in whole or in part has not been
replevied, it, or the part not restored to the defendant, shall be sold and the proceeds applied on
the payment of the execution. If the rental or any part of it is due in agricultural products and the
property distrained, or any part of it, is of a similar kind to that claimed in the complaint, the
property up to a quantity to be adjudged of by the officer holding the execution (not exceeding
that claimed), may be delivered to the plaintiff as a payment on his execution at his request.
(2) When any property levied on is sold, it shall be advertised two times, the first
advertisement being at least 10 days before the sale. All property so levied on shall be sold at the
location advertised in the notice of sheriff's sale.
(3) Before the sale if defendant appeals and obtains supersedeas and pays all costs accrued
up to the time that the supersedeas becomes operative, the property shall be restored to him and
there shall be no sale.
(4) In case any property is sold to satisfy any rent payable in cotton or other agricultural
product or thing, the officer shall settle with the plaintiff at the value of the rental at the time it
became due.

History: ss. 5, 6, ch. 3131, 1879; RS 1769; GS 2245; RGS 3564; CGL 5428; s. 34, ch. 67-254; s.
19, ch. 82-66; s. 10, ch. 83-255. [Footnote 1] 



83.20 Causes for removal of tenants. Any tenant or lessee at will or sufferance, or for part of the
year, or for one or more years, of any houses, lands or tenements, and the assigns, under tenants
or legal representatives of such tenant or lessee, may be removed from the premises in the manner
hereinafter provided in the following cases:
(1) Where such person holds over and continues in the possession of the demised
premises, or any part thereof, after the expiration of his time, without the permission of his
landlord.
(2) Where such person holds over without permission as aforesaid, after any default in the
payment of rent pursuant to the agreement under which the premises are held, and 3 days' notice
in writing requiring the payment of the rent or the possession of the premises has been served by
the person entitled to the rent on the person owing the same. The service of the notice shall be by
delivery of a true copy thereof, or, if the tenant is absent from the rented premises, by leaving a
copy thereof at such place.
(3) Where such person holds over without permission after failing to cure a material
breach of the lease or oral agreement, other than nonpayment of rent, and when 15 days' written
notice requiring the cure of such breach or the possession of the premises has been served on the
tenant. This subsection applies only when the lease is silent on the matter or when the tenancy is
an oral one at will. The notice may give a longer time period for cure of the breach or surrender
of the premises. In the absence of a lease provision prescribing the method for serving notices,
service must be by mail, hand delivery, or, if the tenant is absent from the rental premises or the
address designated by the lease, by posting.

History: s. 1, ch. 3248, 1881; RS 1751; GS 2227; RGS 3535; CGL 5399; s. 34, ch. 67-254; s. 20,
ch. 77-104; s. 2, ch. 88-379; s. 1, ch. 93-70. [Footnote 1] Note. Section 6, ch. 93-70, provides
that "this act shall apply only to causes of action arising on or after October 1, 1993." [Footnote
1] 



83.201 Notice to landlord of failure to maintain or repair, rendering premises wholly untenantable;
right to withhold rent. When the lease is silent on the procedure to be followed to effect repair or
maintenance and the payment of rent relating thereto, yet affirmatively and expressly places the
obligation for same upon the landlord, and the landlord has failed or refused to do so, rendering
the leased premises wholly untenantable, the tenant may withhold rent after notice to the landlord. 
The tenant shall serve the landlord, in the manner prescribed by s. 83.20(3), with a written notice
declaring the premises to be wholly untenantable, giving the landlord at least 20 days to make the
specifically described repair or maintenance, and stating that the tenant will withhold the rent for
the next rental period and thereafter until the repair or maintenance has been performed. The
lease may provide for a longer period of time for repair or maintenance. Once the landlord has
completed the repair or maintenance, the tenant shall pay the landlord the amounts of rent
withheld. If the landlord does not complete the repair or maintenance in the allotted time, the
parties may extend the time by written agreement or the tenant may abandon the premises, retain
the amounts of rent withheld, terminate the lease, and avoid any liability for future rent or charges
under the lease. This section is cumulative to other existing remedies, and this section does not
prevent any tenant from exercising his other remedies.

History: s. 2, ch. 93-70. [Footnote 1] Note. Section 6, ch. 93-70, provides that "this act shall
apply only to causes of action arising on or after October 1, 1993." [Footnote 1]



83.202 Waiver of right to proceed with eviction claim. The landlord's acceptance of the full
amount of rent past due, with knowledge of the tenant's breach of the lease by nonpayment, shall
be considered a waiver of the landlord's right to proceed with an eviction claim for nonpayment of
that rent. Acceptance of the rent includes conduct by the landlord concerning any tender of the
rent by the tenant which is inconsistent with reasonably prompt return of the payment to the
tenant.

History: s. 3, ch. 93-70. [Footnote 1] Note. Section 6, ch. 93-70, provides that "this act shall
apply only to causes of action arising on or after October 1, 1993."



83.21 Removal of tenant. The landlord, his attorney or agent, applying for the removal of any
tenant, shall file a complaint stating the facts which authorize the removal of the tenant, and
describing the premises in the proper court of the county where the premises are situated and is
entitled to the summary procedure provided in s. 51.011.

History: s. 2, ch. 3248, 1881; RS 1752; GS 2228; RGS 3536; CGL 5400; s. 1, ch. 61-318; s. 34,
ch. 67-254.


83.22 Removal of tenant; service.
(1) After at least two attempts to obtain service as provided by law, if the defendant
cannot be found in the county in which the action is pending and either he has no usual place of
abode in the county or there is no person 15 years of age or older residing at his usual place of
abode in the county, the sheriff shall serve the summons by attaching it to some part of the
premises involved in the proceeding. The minimum time delay between the two attempts to
obtain service shall be 6 hours.
(2) If a landlord causes, or anticipates causing, a defendant to be served with a summons
and complaint solely by attaching them to some conspicuous part of the premises involved in the
proceeding, the landlord shall provide the clerk of the court with two additional copies of the
complaint and two prestamped envelopes addressed to the defendant. One envelope shall be
addressed to such address or location as has been designated by the tenant for receipt of notice in
a written lease or other agreement or, if none has been designated, to the residence of the tenant,
if known. The second envelope shall be addressed to the last known business address of the
tenant. The clerk of the court shall immediately mail the copies of the summons and complaint by
first-class mail, note the fact of mailing in the docket, and file a certificate in the court file of the
fact and date of mailing. Service shall be effective on the date of posting or mailing, whichever
occurs later; and at least 5 days from the date of service must have elapsed before a judgment for
final removal of the defendant may be entered.

History: s. 2, ch. 3248, 1881; RS 1753; GS 2229; RGS 3537; CGL 5401; s. 1, ch. 22731, 1945; s.
34, ch. 67-254; s. 2, ch. 83-151; s. 3, ch. 84-339.[Footnote 1] 



83.231 Removal of tenant; judgment. If the issues are found for plaintiff, judgment shall be
entered that he recover possession of the premises. If the plaintiff expressly and specifically
sought money damages in the complaint, in addition to awarding possession of the premises to the
plaintiff, the court shall also direct, in an amount which is within its jurisdictional limitations, the
entry of a money judgment in favor of the plaintiff and against the defendant for the amount of
money found due, owing, and unpaid by the defendant, with costs. However, no money judgment
shall be entered unless service of process has been effected by personal service or, where
authorized by law, by certified or registered mail, return receipt, or in any other manner prescribed
by law or the rules of the court, and no money judgment may be entered except in compliance
with the Florida Rules of Civil Procedure. Where otherwise authorized by law, the plaintiff in the
judgment for possession and money damages may also be awarded attorney's fees and costs. If
the issues are found for defendant, judgment shall be entered dismissing the action.

History: s. 8, ch. 6463, 1913; RGS 3549; CGL 5413; s. 34, ch. 67-254; s. 1, ch. 87-195; s. 4, ch.
93-70. [Footnote 1] Note. Section 6, ch. 93-70, provides that "this act shall apply only to causes
of action arising on or after October 1, 1993." Note. Former s. 83.34. [Footnote 1] 


83.232 Rent paid into registry of court.
(1) In an action by the landlord which includes a claim for possession of real property, the
tenant shall pay into the court registry the amount alleged in the complaint as unpaid, or if such
amount is contested, such amount as is determined by the court, and any rent accruing during the
pendency of the action, when due, unless the tenant has interposed the defense of payment or
satisfaction of the rent in the amount the complaint alleges as unpaid. Unless the tenant disputes
the amount of accrued rent, the tenant must pay the amount alleged in the complaint into the
court registry on or before the date on which his answer to the claim for possession is due. If the
tenant contests the amount of accrued rent, the tenant must pay the amount determined by the
court into the court registry on the day that the court makes its determination. The court may,
however, extend these time periods to allow for later payment, upon good cause shown. Even
though the defense of payment or satisfaction has been asserted, the court, in its discretion, may
order the tenant to pay into the court registry the rent that accrues during the pendency of the
action, the time of accrual being as set forth in the lease. If the landlord is in actual danger of loss
of the premises or other hardship resulting from the loss of rental income from the premises, the
landlord may apply to the court for disbursement of all or part of the funds so held in the court
registry.
(2) If the tenant contests the amount of money to be placed into the court registry, any
hearing regarding such dispute shall be limited to only the factual or legal issues concerning:
(a) Whether the tenant has been properly credited by the landlord with any and all
rental payments made; and
(b) What properly constitutes rent under the provisions of the lease.
(3) The court, on its own motion, shall notify the tenant of the requirement that rent be
paid into the court registry by order, which shall be issued immediately upon filing of the tenant's
initial pleading, motion, or other paper.
(4) The filing of a counterclaim for money damages does not relieve the tenant from
depositing rent due into the registry of the court.
(5) Failure of the tenant to pay the rent into the court registry pursuant to court order shall
be deemed an absolute waiver of the tenant's defenses. In such case, the landlord is entitled to an
immediate default for possession without further notice or hearing thereon.

History: s. 5, ch. 93-70. [Footnote 1] Note. Section 6, ch. 93-70, provides that "this act shall
apply only to causes of action arising on or after October 1, 1993."



83.241 Removal of tenant; process. After entry of judgment in favor of plaintiff the clerk shall
issue a writ to the sheriff describing the premises and commanding him to put plaintiff in
possession. However, in the case of the removal of any mobile home tenant or the mobile home
of any tenant for the reason of holding over after the expiration of the tenant's time, the writ of
possession shall not issue earlier than 30 days from the service of the petition for removal upon
the defendant.

History: s. 9, ch. 6463, 1913; RGS 3550; CGL 5414; s. 34, ch. 67-254; s. 1, ch. 70-360. Note.
Former s. 83.35.



83.251 Removal of tenant; costs. The prevailing party shall have judgment for costs and execution
shall issue therefor.

History: s. 11, ch. 6463, 1913; RGS 3552; CGL 5416; s. 34, ch. 67-254. Note. Former s. 83.37.




PART II RESIDENTIAL TENANCIES

83.40 Short title. This part shall be known as the "Florida Residential Landlord and Tenant Act."

History: s. 2, ch. 73-330.



83.41 Application. This part applies to the rental of a dwelling unit.

History: s. 2, ch. 73-330; ss. 2, 20, ch. 82-66.



83.42 Exclusions from application of part. This part does not apply to:
(1) Residency or detention in a facility, whether public or private, when residence or
detention is incidental to the provision of medical, geriatric, educational, counseling, religious, or
similar services.
(2) Occupancy under a contract of sale of a dwelling unit or the property of which it is a
part.
(3) Transient occupancy in a hotel, condominium, motel, roominghouse, or similar public
lodging, or transient occupancy in a mobile home park.
(4) Occupancy by a holder of a proprietary lease in a cooperative apartment.
(5) Occupancy by an owner of a condominium unit.

History: s. 2, ch. 73-330.



83.43 Definitions. As used in this part, the following words and terms shall have the following
meanings unless some other meaning is plainly indicated:
(1) "Building, housing, and health codes" means any law, ordinance, or governmental
regulation concerning health, safety, sanitation or fitness for habitation, or the construction,
maintenance, operation, occupancy, use, or appearance, of any dwelling unit.
(2) "Dwelling unit" means:
(a) A structure or part of a structure that is rented for use as a home, residence, or
sleeping place by one person or by two or more persons who maintain a common household.<
(b) A mobile home rented by a tenant.
(c) A structure or part of a structure that is furnished, with or without rent, as an
incident of employment for use as a home, residence, or sleeping place by one or more persons.
(3) "Landlord" means the owner or lessor of a dwelling unit.
(4) "Tenant" means any person entitled to occupy a dwelling unit under a rental
agreement.
(5) "Premises" means a dwelling unit and the structure of which it is a part and a mobile
home lot and the appurtenant facilities and grounds, areas, facilities, and property held out for the
use of tenants generally.
(6) "Rent" means the periodic payments due the landlord from the tenant for occupancy
under a rental agreement and any other payments due the landlord from the tenant as may be
designated as rent in a written rental agreement.
(7) "Rental agreement" means any written agreement, or oral agreement if for less
duration than 1 year, providing for use and occupancy of premises.
(8) "Good faith" means honesty in fact in the conduct or transaction concerned.
(9) "Advance rent" means moneys paid to the landlord to be applied to future rent
payment periods, but does not include rent paid in advance for a current rent payment period.
(10) "Transient occupancy" means occupancy when it is the intention of the parties that
the occupancy will be temporary.
(11) "Deposit money" means any money held by the landlord on behalf of the tenant,
including, but not limited to, damage deposits, security deposits, advance rent deposit, pet
deposit, or any contractual deposit agreed to between landlord and tenant either in writing or
orally.
(12) "Security deposits" means any moneys held by the landlord as security for the
performance of the rental agreement, including, but not limited to, monetary damage to the
landlord caused by the tenant's breach of lease prior to the expiration thereof.

History: s. 2, ch. 73-330; s. 1, ch. 74-143; s. 1, ch. 81-190; s. 3, ch. 83-151.



83.44 Obligation of good faith. Every rental agreement or duty within this part imposes an
obligation of good faith in its performance or enforcement.

History: s. 2, ch. 73-330.



83.45 Unconscionable rental agreement or provision.
(1) If the court as a matter of law finds a rental agreement or any provision of a rental
agreement to have been unconscionable at the time it was made, the court may refuse to enforce
the rental agreement, enforce the remainder of the rental agreement without the unconscionable
provision, or so limit the application of any unconscionable provision as to avoid any
unconscionable result.
(2) When it is claimed or appears to the court that the rental agreement or any provision
thereof may be unconscionable, the parties shall be afforded a reasonable opportunity to present
evidence as to meaning, relationship of the parties, purpose, and effect to aid the court in making
the determination.

History: s. 2, ch. 73-330.



83.46 Rent; duration of tenancies.
(1) Unless otherwise agreed, rent is payable without demand or notice; periodic rent is
payable at the beginning of each rent payment period; and rent is uniformly apportionable from
day to day.
(2) If the rental agreement contains no provision as to duration of the tenancy, the
duration is determined by the periods for which the rent is payable. If the rent is payable weekly,
then the tenancy is from week to week; if payable monthly, tenancy is from month to month; if
payable quarterly, tenancy is from quarter to quarter; if payable yearly, tenancy is from year to
year.
(3) If the dwelling unit is furnished without rent as an incident of employment and there is
no agreement as to the duration of the tenancy, the duration is determined by the periods for
which wages are payable. If wages are payable weekly or more frequently, then the tenancy is
from week to week; and if wages are payable monthly or no wages are payable, then the tenancy
is from month to month. In the event that the employee ceases employment, the employer shall be
entitled to rent for the period from the day after the employee ceases employment until the day
that the dwelling unit is vacated at a rate equivalent to the rate charged for similarly situated
residences in the area. This subsection shall not apply to an employee or a resident manager of an
apartment house or an apartment complex when there is a written agreement to the contrary.

History: s. 2, ch. 73-330; s. 2, ch. 81-190; s. 2, ch. 87-195; s. 2, ch. 90-133; s. 1, ch. 93-255.



83.47 Prohibited provisions in rental agreements.
(1) A provision in a rental agreement is void and unenforceable to the extent that it:
(a) Purports to waive or preclude the rights, remedies, or requirements set forth in
this part.
(b) Purports to limit or preclude any liability of the landlord to the tenant or of the
tenant to the landlord, arising under law.
(2) If such a void and unenforceable provision is included in a rental agreement entered
into, extended, or renewed after the effective date of this part and either party suffers actual
damages as a result of the inclusion, the aggrieved party may recover those damages sustained
after the effective date of this part.

History: s. 2, ch. 73-330.



83.48 Attorney's fees. In any civil action brought to enforce the provisions of the rental agreement
or this part, the party in whose favor a judgment or decree has been rendered may recover
reasonable court costs, including attorney's fees, from the nonprevailing party.

History: s. 2, ch. 73-330; s. 4, ch. 83-151.



83.49 Deposit money or advance rent; duty of landlord and tenant.
(1) Whenever money is deposited or advanced by a tenant on a rental agreement as
security for performance of the rental agreement or as advance rent for other than the next
immediate rental period, the landlord or his agent shall either:
(a) Hold the total amount of such money in a separate non-interest-bearing
account in a Florida banking institution for the benefit of the tenant or tenants. The landlord shall
not commingle such moneys with any other funds of the landlord or hypothecate, pledge, or in
any other way make use of such moneys until such moneys are actually due the landlord;
(b) Hold the total amount of such money in a separate interest-bearing account in a
Florida banking institution for the benefit of the tenant or tenants, in which case the tenant shall
receive and collect interest in an amount of at least 75 percent of the annualized average interest
rate payable on such account or interest at the rate of 5 percent per year, simple interest,
whichever the landlord elects. The landlord shall not commingle such moneys with any other
funds of the landlord or hypothecate, pledge, or in any other way make use of such moneys until
such moneys are actually due the landlord; or
(c) Post a surety bond, executed by the landlord as principal and a surety company
authorized and licensed to do business in the state as surety, with the clerk of the circuit court in
the county in which the dwelling unit is located in the total amount of the security deposits and
advance rent he holds on behalf of the tenants or $50,000, whichever is less. The bond shall be
conditioned upon the faithful compliance of the landlord with the provisions of this section and
shall run to the Governor for the benefit of any tenant injured by the landlord's violation of the
provisions of this section. In addition to posting the surety bond, the landlord shall pay to the
tenant interest at the rate of 5 percent per year, simple interest. A landlord, or his agent, engaged
in the renting of dwelling units in five or more counties, who holds deposit moneys or advance
rent and who is otherwise subject to the provisions of this section, may, in lieu of posting a surety
bond in each county, elect to post a surety bond in the form and manner provided in this
paragraph with the office of the Secretary of State. The bond shall be in the total amount of the
security deposit or advance rent held on behalf of tenants or in the amount of $250,000,
whichever is less. The bond shall be conditioned upon the faithful compliance of the landlord with
the provisions of this section and shall run to the Governor for the benefit of any tenant injured by
the landlord's violation of this section. In addition to posting a surety bond, the landlord shall pay
to the tenant interest on the security deposit or advance rent held on behalf of that tenant at the
rate of 5 percent per year simple interest.
(2) The landlord shall, within 30 days of receipt of advance rent or a security deposit,
notify the tenant in writing of the manner in which the landlord is holding the advance rent or
security deposit and the rate of interest, if any, which the tenant is to receive and the time of
interest payments to the tenant. Such written notice shall:
(a) Be given in person or by mail to the tenant.
(b) State the name and address of the depository where the advance rent or
security deposit is being held, whether the advance rent or security deposit is being held in a
separate account for the benefit of the tenant or is commingled with other funds of the landlord,
and, if commingled, whether such funds are deposited in an interest-bearing account in a Florida
banking institution.
(c) Include a copy of the provisions of subsection (3).
Subsequent to providing such notice, if the landlord changes the manner or location in which he is
holding the advance rent or security deposit, he shall notify the tenant within 30 days of the
change according to the provisions herein set forth. This subsection does not apply to any
landlord who rents fewer than five individual dwelling units. Failure to provide this notice shall
not be a defense to the payment of rent when due.
(3) (a) Upon the vacating of the premises for termination of the lease, the landlord
shall have 15 days to return the security deposit together with interest if otherwise required, or in
which to give the tenant written notice by certified mail to the tenant's last known mailing address
of his intention to impose a claim on the deposit and the reason for imposing the claim. The
notice shall contain a statement in substantially the following form:

This is a notice of my intention to impose a claim for damages in the amount of upon your
security deposit, due to . It is sent to you as required by s. 83.49(3), Florida Statutes. You
are hereby notified that you must object in writing to this deduction from your security deposit
within 15 days from the time you receive this notice or I will be authorized to deduct my claim
from your security deposit. Your objection must be sent to (landlord's address). If the landlord
fails to give the required notice within the 15-day period, he forfeits his right to impose a claim
upon the security deposit.
(b) Unless the tenant objects to the imposition of the landlord's claim or the
amount thereof within 15 days after receipt of the landlord's notice of intention to impose a claim,
the landlord may then deduct the amount of his claim and shall remit the balance of the deposit to
the tenant within 30 days after the date of the notice of intention to impose a claim for damages.
(c) If either party institutes an action in a court of competent jurisdiction to
adjudicate his right to the security deposit, the prevailing party is entitled to receive his court
costs plus a reasonable fee for his attorney. The court shall advance the cause on the calendar.
(d) Compliance with this subsection by an individual or business entity authorized
to conduct business in this state, including Florida-licensed real estate brokers and salespersons,
shall constitute compliance with all other relevant Florida Statutes pertaining to security deposits
held pursuant to a rental agreement or other landlord-tenant relationship. Enforcement personnel
shall look solely to this subsection to determine compliance. This subsection prevails over any
conflicting provisions in chapter 475 and in other sections of the Florida Statutes.
(4) The provisions of this section do not apply to transient rentals by hotels or motels as
defined in chapter 509; nor do they apply in those instances in which the amount of rent or
deposit, or both, is regulated by law or by rules or regulations of a public body, including public
housing authorities and federally administered or regulated housing programs including s. 202, s.
221(d)(3) and (4), s. 236, or s. 8 of the National Housing Act, as amended, other than for rent
stabilization. With the exception of subsections (3), (5), and (6), this section is not applicable to
housing authorities or public housing agencies created pursuant to chapter 421 or other statutes.
(5) Except when otherwise provided by the terms of a written lease, any tenant who
vacates or abandons the premises prior to the expiration of the term specified in the written lease,
or any tenant who vacates or abandons premises which are the subject of a tenancy from week to
week, month to month, quarter to quarter, or year to year, shall give at least 7 days' written notice
by certified mail or personal delivery to the landlord prior to vacating or abandoning the premises
which notice shall include the address where the tenant may be reached. Failure to give such
notice shall relieve the landlord of the notice requirement of paragraph (3)(a) but shall not waive
any right the tenant may have to the security deposit or any part of it.
(6) For the purposes of this part, a renewal of an existing rental agreement shall be
considered a new rental agreement, and any security deposit carried forward shall be considered a
new security deposit.
(7) Upon the sale or transfer of title of the rental property from one owner to another, or
upon a change in the designated rental agent, any and all security deposits or advance rents being
held for the benefit of the tenants shall be transferred to the new owner or agent, together with
any earned interest and with an accurate accounting showing the amounts to be credited to each
tenant account. Upon the transfer of such funds and records as stated herein, and upon
transmittal of a written receipt therefor, the transferor shall be free from the obligation imposed in
subsection (1) to hold such moneys on behalf of the tenant. However, nothing herein shall excuse
the landlord or agent for a violation of the provisions of this section while in possession of such
deposits.
(8) Any person licensed under the provisions of s. 509.241, unless excluded by the
provisions of this part, who fails to comply with the provisions of this part shall be subject to a
fine or to the suspension or revocation of his license by the Division of Hotels and Restaurants of
the [Footnote 1] Department of Business Regulation in the manner provided in s. 509.261.
(9) In those cases in which interest is required to be paid to the tenant, the landlord shall
pay directly to the tenant, or credit against the current month's rent, the interest due to the tenant
at least once annually. However, no interest shall be due a tenant who wrongfully terminates his
tenancy prior to the end of the rental term.

History: s. 1, ch. 69-282; s. 3, ch. 70-360; s. 1, ch. 72-19; s. 1, ch. 72-43; s. 5, ch. 73-330; s. 1,
ch. 74-93; s. 3, ch. 74-146; ss. 1, 2, ch. 75-133; s. 1, ch. 76-15; s. 1, ch. 77-445; s. 20, ch.
79-400; s. 21, ch. 82-66; s. 5, ch. 83-151; s. 13, ch. 83-217; s. 3, ch. 87-195; s. 1, ch. 87-369; s.
3, ch. 88-379; s. 2, ch. 93-255. [Footnote 1] Note. Abolished and duties transferred to the
Department of Business and Professional Regulation by s. 2, ch. 93-220. Note. Former s. 83.261.



83.50 Disclosure.
(1) The landlord, or a person authorized to enter into a rental agreement on his behalf,
shall disclose in writing to the tenant, at or before the commencement of the tenancy, the name
and address of the landlord or a person authorized to receive notices and demands in his behalf. 
The person so authorized to receive notices and demands retains authority until the tenant is
notified otherwise. All notices of such names and addresses or changes thereto shall be delivered
to the tenant's residence or, if specified in writing by the tenant, to any other address.
(2) The landlord or his authorized representative, upon completion of construction of a
building exceeding three stories in height and containing dwelling units, shall disclose to the
tenants initially moving into the building the availability or lack of availability of fire protection.

History: s. 2, ch. 73-330.



83.51 Landlord's obligation to maintain premises.
(1) The landlord at all times during the tenancy shall:
(a) Comply with the requirements of applicable building, housing, and health
codes; or
(b) Where there are no applicable building, housing, or health codes, maintain the
roofs, windows, screens, doors, floors, steps, porches, exterior walls, foundations, and all other
structural components in good repair and capable of resisting normal forces and loads and the
plumbing in reasonable working condition. However, the landlord shall not be required to
maintain a mobile home or other structure owned by the tenant.
The landlord's obligations under this subsection may be altered or modified in writing with respect
to a single-family home or duplex.
(2) (a) Unless otherwise agreed in writing, in addition to the requirements of
subsection (1), the landlord of a dwelling unit other than a single-family home or duplex shall, at
all times during the tenancy, make reasonable provisions for:
1. The extermination of rats, mice, roaches, ants, wood-destroying
organisms, and bedbugs. When vacation of the premises is required for such extermination, the
landlord shall not be liable for damages but shall abate the rent. The tenant shall be required to
temporarily vacate the premises for a period of time not to exceed 4 days, on 7 days' written
notice, if necessary, for extermination pursuant to this subparagraph.
2. Locks and keys.
3. The clean and safe condition of common areas.
4. Garbage removal and outside receptacles therefor.
5. Functioning facilities for heat during winter, running water, and hot
water.
(b) Unless otherwise agreed in writing, at the commencement of the tenancy of a
single-family home or duplex, the landlord shall install working smoke detection devices. As used
in this paragraph, the term "smoke detection device" means an electrical or battery-operated
device which detects visible or invisible particles of combustion and which is listed by
Underwriters [Footnote 1] Laboratories, Inc., Factory Mutual [Footnote 2] Laboratories, Inc., or
any other nationally recognized testing laboratory using nationally accepted testing standards.
(c) Nothing in this part authorizes the tenant to raise a noncompliance by the
landlord with this subsection as a defense to an action for possession under s. 83.59.
(d) This subsection shall not apply to a mobile home owned by a tenant.
(e) Nothing contained in this subsection prohibits the landlord from providing in
the rental agreement that the tenant is obligated to pay costs or charges for garbage removal,
water, fuel, or utilities.
(3) If the duty imposed by subsection (1) is the same or greater than any duty imposed by
subsection (2), the landlord's duty is determined by subsection (1).
(4) The landlord is not responsible to the tenant under this section for conditions created
or caused by the negligent or wrongful act or omission of the tenant, a member of his family, or
other person on the premises with his consent.

History: s. 2, ch. 73-330; s. 22, ch. 82-66; s. 4, ch. 87-195; s. 1, ch. 90-133; s. 3, ch. 93-255.
[Footnote 1] Note. The words "Laboratories, Inc." were substituted by the editors for the word
"Laboratory" to conform to the complete name of the laboratory. [Footnote 2] Note. The words
"Laboratories, Inc." were inserted by the editors to conform to the complete name of the
laboratory.



83.52 Tenant's obligation to maintain dwelling unit. The tenant at all times during the tenancy
shall:
(1) Comply with all obligations imposed upon tenants by applicable provisions of building,
housing, and health codes.
(2) Keep that part of the premises which he occupies and uses clean and sanitary.
(3) Remove from his dwelling unit all garbage in a clean and sanitary manner.
(4) Keep all plumbing fixtures in the dwelling unit or used by the tenant clean and sanitary
and in repair.
(5) Use and operate in a reasonable manner all electrical, plumbing, sanitary, heating,
ventilating, air-conditioning and other facilities and appliances, including elevators.
(6) Not destroy, deface, damage, impair, or remove any part of the premises or property
therein belonging to the landlord nor permit any person to do so.
(7) Conduct himself, and require other persons on the premises with his consent to
conduct themselves, in a manner that does not unreasonably disturb his neighbors or constitute a
breach of the peace.

History: s. 2, ch. 73-330.



83.53 Landlord's access to dwelling unit.
(1) The tenant shall not unreasonably withhold consent to the landlord to enter the
dwelling unit from time to time in order to inspect the premises; make necessary or agreed repairs,
decorations, alterations, or improvements; supply agreed services; or exhibit the dwelling unit to
prospective or actual purchasers, mortgagees, tenants, workmen, or contractors.
(2) The landlord may enter the dwelling unit at any time for the protection or preservation
of the premises. The landlord may enter the dwelling unit upon reasonable notice to the tenant
and at a reasonable time for the purpose of repair of the premises. "Reasonable notice" for the
purpose of repair is notice given at least 12 hours prior to the entry, and reasonable time for the
purpose of repair shall be between the hours of 7:30 a.m. and 8:00 p.m. The landlord may enter
the dwelling unit when necessary for the further purposes set forth in subsection (1) under any of
the following circumstances:
(a) With the consent of the tenant;
(b) In case of emergency;
(c) When the tenant unreasonably withholds consent; or
(d) If the tenant is absent from the premises for a period of time equal to one-half
the time for periodic rental payments. If the rent is current and the tenant notifies the landlord of
an intended absence, then the landlord may enter only with the consent of the tenant or for the
protection or preservation of the premises.
(3) The landlord shall not abuse the right of access nor use it to harass the tenant.

History: s. 2, ch. 73-330; s. 5, ch. 87-195; s. 4, ch. 93-255.



83.535 Flotation bedding system; restrictions on use. No landlord may prohibit a tenant from
using a flotation bedding system in a dwelling unit, provided the flotation bedding system does not
violate applicable building codes. The tenant shall be required to carry in the tenant's name
flotation insurance as is standard in the industry in an amount deemed reasonable to protect the
tenant and owner against personal injury and property damage to the dwelling units. In any case,
the policy shall carry a loss payable clause to the owner of the building.

History: s. 7, ch. 82-66; s. 5, ch. 93-255.



83.54 Enforcement of rights and duties; civil action. Any right or duty declared in this part is
enforceable by civil action.

History: s. 2, ch. 73-330.



83.55 Right of action for damages. If either the landlord or the tenant fails to comply with the
requirements of the rental agreement or this part, the aggrieved party may recover the damages
caused by the noncompliance.

History: s. 2, ch. 73-330.



83.56 Termination of rental agreement.
(1) If the landlord materially fails to comply with s. 83.51(1) or material provisions of the
rental agreement within 7 days after delivery of written notice by the tenant specifying the
noncompliance and indicating the intention of the tenant to terminate the rental agreement by
reason thereof, the tenant may terminate the rental agreement. If the failure to comply with s.
83.51(1) or material provisions of the rental agreement is due to causes beyond the control of the
landlord and the landlord has made and continues to make every reasonable effort to correct the
failure to comply, the rental agreement may be terminated or altered by the parties, as follows:
(a) If the landlord's failure to comply renders the dwelling unit untenantable and
the tenant vacates, the tenant shall not be liable for rent during the period the dwelling unit
remains uninhabitable.
(b) If the landlord's failure to comply does not render the dwelling unit
untenantable and the tenant remains in occupancy, the rent for the period of noncompliance shall
be reduced by an amount in proportion to the loss of rental value caused by the noncompliance.
(2) If the tenant materially fails to comply with s. 83.52 or material provisions of the rental
agreement, other than a failure to pay rent, or reasonable rules or regulations, the landlord may:
(a) If such noncompliance is of a nature that the tenant should not be given an
opportunity to cure it or if the noncompliance constitutes a subsequent or continuing
noncompliance within 12 months of a written warning by the landlord of a similar violation,
deliver a written notice to the tenant specifying the noncompliance and the landlord's intent to
terminate the rental agreement by reason thereof. Examples of noncompliance which are of a
nature that the tenant should not be given an opportunity to cure include, but are not limited to,
destruction, damage, or misuse of the landlord's or other tenants' property by intentional act or a
subsequent or continued unreasonable disturbance. In such event, the landlord may terminate the
rental agreement, and the tenant shall have 7 days from the date that the notice is delivered to
vacate the premises. The notice shall be adequate if it is in substantially the following form:

You are advised that your lease is terminated effective immediately. You shall have 7 days from
the delivery of this letter to vacate the premises. This action is taken because (cite the
noncompliance). 

If such noncompliance is of a nature that the tenantshould be given an opportunity to cure it,
deliver a written noticeto the tenant specifying the noncompliance, including a notice that, if the
noncompliance is not corrected within 7 days from the date the written notice is delivered, the
landlord shall terminate the rental agreement by reason thereof. Examples of such noncompliance
include, but are not limited to, activities in contravention of the lease or this act such as having or
permitting unauthorized pets, guests, or vehicles; parking in an unauthorized manner or permitting
such parking; or failing to keep the premises clean and sanitary. The notice shall be adequate if it
is in substantially the following form:

You are hereby notified that (cite the noncompliance). Demand is hereby made that you remedy
the noncompliance within 7 days of receipt of this notice or your lease shall be deemed terminated
and you shall vacate the premises upon such termination. If this same conduct or conduct of a
similar nature is repeated within 12 months, your tenancy is subject to termination without your
being given an opportunity to cure the noncompliance.
(3) If the tenant fails to pay rent when due and the default continues for 3 days, excluding
Saturday, Sunday, and legal holidays, after delivery of written demand by the landlord for
payment of the rent or possession of the premises, the landlord may terminate the rental
agreement. Legal holidays for the purpose of this section shall be court-observed holidays only. 
The 3-day notice shall contain a statement in substantially the following form:

You are hereby notified that you are indebted to me in the sum of dollars for the rent and use
of the premises (address of leased premises, including county), Florida, now occupied by you and
that I demand payment of the rent or possession of the premises within 3 days (excluding
Saturday, Sunday, and legal holidays) from the date of delivery of this notice, to wit: on or before
the day of , 19. 
(landlord's name, address and phone number)
(4) The delivery of the written notices required by subsections (1), (2), and (3) shall be by
mailing or delivery of a true copy thereof or, if the tenant is absent from the premises, by leaving a
copy thereof at the residence.
(5) If the landlord accepts rent with actual knowledge of a noncompliance by the tenant or
accepts performance by the tenant of any other provision of the rental agreement that is at
variance with its provisions, or if the tenant pays rent with actual knowledge of a noncompliance
by the landlord or accepts performance by the landlord of any other provision of the rental
agreement that is at variance with its provisions, the landlord or tenant waives his right to
terminate the rental agreement or to bring a civil action for that noncompliance, but not for any
subsequent or continuing noncompliance. Any tenant who wishes to defend against an action by
the landlord for possession of the unit for noncompliance of the rental agreement or of relevant
statutes shall comply with the provisions in s. 83.60(2). This subsection does not apply to that
portion of rent subsidies received from a local, state, or national government or an agency of
local, state, or national government; however, waiver will occur if an action has not been
instituted within 45 days of the noncompliance.
(6) If the rental agreement is terminated, the landlord shall comply with s. 83.49(3).

History: s. 2, ch. 73-330; s. 23, ch. 82-66; s. 6, ch. 83-151; s. 14, ch. 83-217; s. 6, ch. 87-195; s.
6, ch. 93-255.



83.57 Termination of tenancy without specific term. A tenancy without a specific duration, as
defined in s. 83.46(2) or (3), may be terminated by either party giving written notice in the manner
provided in s. 83.56(4), as follows:
(1) When the tenancy is from year to year, by giving not less than 60 days' notice prior to
the end of any annual period;
(2) When the tenancy is from quarter to quarter, by giving not less than 30 days' notice
prior to the end of any quarterly period;
(3) When the tenancy is from month to month, by giving not less than 15 days' notice prior
to the end of any monthly period; and
(4) When the tenancy is from week to week, by giving not less than 7 days' notice prior to
the end of any weekly period.

History: s. 2, ch. 73-330; s. 3, ch. 81-190; s. 15, ch. 83-217.



83.58 Remedies; tenant holding over. If the tenant holds over and continues in possession of the
dwelling unit or any part thereof after the expiration of the rental agreement without the
permission of the landlord, the landlord may recover possession of the dwelling unit in the manner
provided for in s. 83.59 F. S. 1973. The landlord may also recover double the amount of rent
due on the dwelling unit, or any part thereof, for the period during which the tenant refuses to
surrender possession.

History: s. 2, ch. 73-330.



83.59 Right of action for possession.
(1) If the rental agreement is terminated and the tenant does not vacate the premises, the
landlord may recover possession of the dwelling unit as provided in this section.
(2) A landlord, his attorney, or his agent, applying for the removal of a tenant shall file in
the county court of the county where the premises are situated a complaint describing the
dwelling unit and stating the facts that authorize its recovery. A landlord's agent is not permitted
to take any action other than the initial filing of the complaint, unless the landlord's agent is an
attorney. The landlord is entitled to the summary procedure provided in s. 51.011 F. S. 1971, and
the court shall advance the cause on the calendar.
(3) The landlord shall not recover possession of a dwelling unit except:
(a) In an action for possession under subsection (2) or other civil action in which
the issue of right of possession is determined;
(b) When the tenant has surrendered possession of the dwelling unit to the
landlord; or
(c) When the tenant has abandoned the dwelling unit. In the absence of actual
knowledge of abandonment, it shall be presumed that the tenant has abandoned the dwelling unit
if he is absent from the premises for a period of time equal to one-half the time for periodic rental
payments. However, this presumption shall not apply if the rent is current or the tenant has
notified the landlord, in writing, of an intended absence.
(4) The prevailing party is entitled to have judgment for costs and execution therefor.

History: s. 2, ch. 73-330; s. 1, ch. 74-146; s. 24, ch. 82-66; s. 1, ch. 92-36.



83.595 Choice of remedies upon breach by tenant.
(1) If the tenant breaches the lease for the dwelling unit and the landlord has obtained a
writ of possession, or the tenant has surrendered possession of the dwelling unit to the landlord,
or the tenant has abandoned the dwelling unit, the landlord may:
(a) Treat the lease as terminated and retake possession for his own account,
thereby terminating any further liability of the tenant; or
(b) Retake possession of the dwelling unit for the account of the tenant, holding
the tenant liable for the difference between rental stipulated to be paid under the lease agreement
and what, in good faith, the landlord is able to recover from a reletting; or
(c) Stand by and do nothing, holding the lessee liable for the rent as it comes due.
(2) If the landlord retakes possession of the dwelling unit for the account of the tenant, the
landlord has a duty to exercise good faith in attempting to relet the premises, and any rentals
received by the landlord as a result of the reletting shall be deducted from the balance of rent due
from the tenant. For purposes of this section, "good faith in attempting to relet the premises"
means that the landlord shall use at least the same efforts to relet the premises as were used in the
initial rental or at least the same efforts as the landlord uses in attempting to lease other similar
rental units but does not require the landlord to give a preference in leasing the premises over
other vacant dwelling units that the landlord owns or has the responsibility to rent.

History: s. 2, ch. 87-369; s. 4, ch. 88-379.



83.60 Defenses to action for rent or possession; procedure.
(1) In an action by the landlord for possession of a dwelling unit based upon nonpayment
of rent or in an action by the landlord under s. 83.55 seeking to recover unpaid rent, the tenant
may defend upon the ground of a material noncompliance with s. 83.51(1) F.S. 1973, or may raise
any other defense, whether legal or equitable, that he may have, including the defense of
retaliatory conduct in accordance with s. 83.64. The defense of a material noncompliance with s.
83.51(1) F.S. 1973 may be raised by the tenant if 7 days have elapsed after the delivery of written
notice by the tenant to the landlord, specifying the noncompliance and indicating the intention of
the tenant not to pay rent by reason thereof. Such notice by the tenant may be given to the
landlord, the landlord's representative as designated pursuant to s. 83.50(1), a resident manager,
or the person or entity who collects the rent on behalf of the landlord. A material noncompliance
with s. 83.51(1) F.S. 1973 by the landlord is a complete defense to an action for possession based
upon nonpayment of rent, and, upon hearing, the court or the jury, as the case may be, shall
determine the amount, if any, by which the rent is to be reduced to reflect the diminution in value
of the dwelling unit during the period of noncompliance with s. 83.51(1) F.S. 1973. After
consideration of all other relevantissues, the court shall enter appropriate judgment.
(2) In an action by the landlord for possession of a dwelling unit, if the tenant interposes
any defense other than payment, the tenant shall pay into the registry of the court the accrued rent
as alleged in the complaint or as determined by the court and the rent which accrues during the
pendency of the proceeding, when due. The clerk shall notify the tenant of such requirement in
the summons. Failure of the tenant to pay the rent into the registry of the court or to file a motion
to determine the amount of rent to be paid into the registry within 5 days, excluding Saturdays,
Sundays, and legal holidays, after the date of service of process constitutes an absolute waiver of
the tenant's defenses other than payment, and the landlord is entitled to an immediate default
without further notice or hearing thereon. In the event a motion to determine rent is filed,
documentation in support of the allegation that the rent as alleged in the complaint is in error is
required. Public housing tenants or tenants receiving rent subsidies shall be required to deposit
only that portion of the full rent for which the tenant is responsible pursuant to federal, state, or
local program in which they are participating.

History: s. 2, ch. 73-330; s. 7, ch. 83-151; s. 7, ch. 87-195; s. 7, ch. 93-255.



83.61 Disbursement of funds in registry of court; prompt final hearing. When the tenant has
deposited funds into the registry of the court in accordance with the provisions of s. 83.60(2) and
the landlord is in actual danger of loss of the premises or other personal hardship resulting from
the loss of rental income from the premises, the landlord may apply to the court for disbursement
of all or part of the funds or for prompt final hearing. The court shall advance the cause on the
calendar. The court, after preliminary hearing, may award all or any portion of the funds on
deposit to the landlord or may proceed immediately to a final resolution of the cause.

History: s. 2, ch. 73-330; s. 2, ch. 74-146.



83.62 Restoration of possession to landlord.
(1) In an action for possession, after entry of judgment in favor of the landlord, the clerk
shall issue a writ to the sheriff describing the premises and commanding him to put the landlord in
possession after 24 hours' notice conspicuously posted on the premises.
(2) At the time the sheriff executes the writ of possession, the landlord or his agent may
remove any personal property found on the premises to or near the property line. If requested by
the landlord to do so, the sheriff shall stand by to keep the peace while the landlord changes the
locks and removes the personal property from the premises. Neither the sheriff nor the landlord
or his agent shall be liable to the tenant or any other party for the loss, destruction, or damage to
the property after it has been removed.

History: s. 2, ch. 73-330; s. 3, ch. 82-66; s. 5, ch. 88-379.



83.625 Power to award possession and enter money judgment. 
In an action by the landlord for possession of a dwelling unit based upon nonpayment of rent, if
the court finds the rent is due, owing, and unpaid and by reason thereof the landlord is entitled to
possession of the premises, the court, in addition to awarding possession of the premises to the
landlord, shall direct, in an amount which is within its jurisdictional limitations, the entry of a
money judgment with costs in favor of the landlord and against the tenant for the amount of
money found due, owing, and unpaid by the tenant to the landlord. However, no money
judgment shall be entered unless service of process has been effected by personal service or,
where authorized by law, by certified or registered mail, return receipt, or in any other manner
prescribed by law or the rules of the court; and no money judgment may be entered except in
compliance with the Florida Rules of Civil Procedure. The prevailing party in the action may also
be awarded attorney's fees and costs.

History: s. 1, ch. 75-147; s. 8, ch. 87-195; s. 6, ch. 88-379.



83.63 Casualty damage. If the premises are damaged or destroyed other than by the wrongful or
negligent acts of the tenant so that the enjoyment of the premises is substantially impaired, the
tenant may terminate the rental agreement and immediately vacate the premises. The tenant may
vacate the part of the premises rendered unusable by the casualty, in which case his liability for
rent shall be reduced by the fair rental value of that part of the premises damaged or destroyed. If
the rental agreement is terminated, the landlord shall comply with s. 83.49(3) F. S. 1973.

History: s. 2, ch. 73-330.



83.64 Retaliatory conduct.
(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 tenants'
organization; or
(c) The tenant has complained to the landlord pursuant to s. 83.56(1).
(2) Evidence of retaliatory conduct may be raised by the tenant as a defense in any action
brought against him 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.

History: s. 8, ch. 83-151.



83.67 Prohibited practices.
(1) No landlord of any dwelling unit governed by this part shall cause, directly or
indirectly, the termination or interruption of any utility service furnished the tenant, including, but
not limited to, water, heat, light, electricity, gas, elevator, garbage collection, or refrigeration,
whether or not the utility service is under the control of, or payment is made by, the landlord.
(2) No landlord of any dwelling unit governed by this part shall prevent the tenant from
gaining reasonable access to the dwelling unit by any means, including, but not limited to,
changing the locks or using any bootlock or similar device.
(3) No landlord of any dwelling unit governed by this part shall remove the outside doors,
locks, roof, walls, or windows of the unit except for purposes of maintenance, repair, or
replacement; nor shall the landlord remove the tenant's personal property from the dwelling unit
unless said action is taken after surrender, abandonment, or a lawful eviction. If provided in a
written agreement separate from the rental agreement, upon surrender or abandonment by the
tenant, the landlord shall not be liable or responsible for storage or disposition of the tenant's
personal property. For the purposes of this section, abandonment shall not be presumed unless
the tenant is absent from the premises for a period of at least 15 days.
(4) A landlord who violates the provisions of this section shall be liable to the tenant for
actual and consequential damages or 3 months' rent, whichever is greater, and costs, including
attorney's fees. Subsequent or repeated violations which are not contemporaneous with the initial
violation shall be subject to separate awards of damages.
(5) A violation of this section shall constitute irreparable harm for the purposes of
injunctive relief.
(6) The remedies provided by this section are not exclusive and shall not preclude the
tenant from pursuing any other remedy at law or equity which the tenant may have.

History: s. 3, ch. 87-369; s. 7, ch. 88-379; s. 3, ch. 90-133.



83.681 Orders to enjoin violations of this part.
(1) A landlord who gives notice to a tenant of his intent to terminate the tenant's lease
pursuant to s. 83.56(2)(a), due to the tenant's intentional destruction, damage, or misuse of the
landlord's property may petition the county or circuit court for an injunction prohibiting the tenant
from continuing to violate any of the provisions of that part.
(2) The court shall grant the relief requested pursuant to subsection (1) in conformity with
the principles that govern the granting of injunctive relief from threatened loss or damage in other
civil cases.
(3) Evidence of a tenant's intentional destruction, damage, or misuse of the landlord's
property in an amount greater than twice the value of money deposited with the landlord pursuant
to s. 83.49 or $300, whichever is greater, shall constitute irreparable harm for the purposes of
injunctive relief.

History: s. 8, ch. 93-255.




PART III SELF-SERVICE STORAGE SPACE


83.801 Short title. Sections 83.801-83.809 shall be known and may be cited as the "Self-storage
Facility Act."

History: s. 1, ch. 79-404; s. 1, ch. 82-151.



83.803 Definitions. As used in ss. 83.801-83.809:
(1) "Self-service storage facility" means any real property designed and used for the
purpose of renting or leasing individual storage space to tenants who are to have access to such
space for the purpose of storing and removing personal property. No individual storage space
may be used for residential purposes. A self-service storage facility is not a "warehouse" as that
term is used in chapter 677. If an owner issues any warehouse receipt, bill of lading, or other
document of title for the personal property stored, the owner and the tenant shall be subject to the
provisions of chapter 677, and the provisions of this act shall not apply.
(2) "Self-contained storage unit" means any unit not less than 600 cubic feet in size,
including, but not limited to, a trailer, box, or other shipping container, which is leased by a tenant
primarily for use as storage space whether the unit is located at a facility owned or operated by
the owner or at another location designated by the tenant.
(3) "Owner" means the owner, operator, lessor, or sublessor of a self-service storage facility or
self-contained storage unit or his agent or any other person authorized by him to manage the
facility or to receive rent from a tenant under a rental agreement.
(4) "Tenant" means a person or his sublessee, successor, or assign entitled to the use of storage
space at a self-service storage facility or in a self-contained unit, under a rental agreement, to the
exclusion of others.
(5) "Rental agreement" means any agreement or lease which establishes or modifies terms,
conditions, rules, or any other provisions concerning the use and occupancy of a self-service
storage facility or use of a self-contained storage unit.
(6) "Last known address" means that address provided by the tenant in the latest rental agreement
or the address provided by the tenant by hand delivery or certified mail in a subsequent written
notice of a change of address.

History: s. 1, ch. 79-404; s. 2, ch. 82-151; s. 2, ch. 92-36; s. 1, ch. 93-238.


83.805 Lien. ---
The owner of a self-service storage facility or self-contained storage unit and his heirs, executors,
administrators, successors, and assigns have a lien upon all personal property, whether or not
owned by the tenant, located at a self-service storage facility or in a self-contained storage unit for
rent, labor charges, or other charges, present or future, in relation to the personal property and for
expenses necessary for its preservation or expenses reasonably incurred in its sale or other
disposition pursuant to ss. 83.801-83.809. The lien provided for in this section attaches as of the
date that the personal property is brought to the self-service storage facility or as of the date the
tenant takes possession of the self-contained storage unit, and the priority of this lien shall be the
same as provided in s. 83.08; however, in the event of default, the owner must give notice to
persons who hold perfected security interests under the Uniform Commercial Code in which the
tenant is named as the debtor.

History: s. 1, ch. 79-404; s. 3, ch. 82-151; s. 19, ch. 83-217; s. 2, ch. 93-238.


83.8055 Withholding access to personal property upon nonpayment of rent. ---
Upon the failure of a tenant to pay the rent when it becomes due, the owner may, without notice,
after 5 days from the date the rent is due, deny the tenant access to the personal property located
in the self-service storage facility or self-contained storage unit. In denying the tenant access to
personal property contained in the self-contained storage unit, the owner may proceed without
judicial process, if this can be done without breach of the peace, or may proceed by action.

History: s. 4, ch. 82-151; s. 3, ch. 93-238.


83.806 Enforcement of lien. ---
An owner's lien as provided in s. 83.805 may be satisfied as follows:
(1) The tenant shall be notified by written notice delivered in person or by certified mail to his last
known address and conspicuously posted at the self-service storage facility or on the
self-contained storage unit.
(2) The notice shall include:
(a) An itemized statement of the owner's claim, showing the sum due at the time of the notice and
the date when the sum became due.
(b) The same description, or a reasonably similar description, of the personal property as provided
in the rental agreement.
(c) A demand for payment within a specified time not less than 14 days after delivery of the
notice.
(d) A conspicuous statement that, unless the claim is paid within the time stated in the notice, the
personal property will be advertised for sale or other disposition and will be sold or otherwise
disposed of at a specified time and place.
(e) The name, street address, and telephone number of the owner whom the tenant may contact to
respond to the notice.
(3) Any notice given pursuant to this section shall be presumed delivered when it is deposited with
the United States Postal Service, registered, and properly addressed with postage prepaid.
(4) After the expiration of the time given in the notice, an advertisement of the sale or other
disposition shall be published once a week for 2 consecutive weeks in a newspaper of general
circulation in the area where the self-service storage facility or self-contained storage unit is
located. Inasmuch as any sale may involve property of more than one tenant, a single
advertisement may be used to dispose of property at any one sale.
(a) The advertisement shall include:
1. A brief and general description of what is believed to constitute the personal property contained
in the storage unit, as provided in paragraph (2)(b).
2. The address of the self-service storage facility or the address where the self-contained storage
unit is located and the name of the tenant.
3. The time, place, and manner of the sale or other disposition. The sale or other disposition shall
take place not sooner than 15 days after the first publication.
(b) If there is no newspaper of general circulation in the area where the self-service storage facility
or self-contained storage unit is located, the advertisement shall be posted at least 10 days before
the date of the sale or other disposition in not fewer than three conspicuous places in the
neighborhood where the self-service storage facility or self-contained storage unit is located.
(5) Any sale or other disposition of the personal property shall conform to the terms of the
notification as provided for in this section and shall be conducted in a commercially reasonable
manner, as that term is used in s. 679.504(3).
(6) Before any sale or other disposition of personal property pursuant to this section, the tenant
may pay the amount necessary to satisfy the lien and the reasonable expenses incurred under this
section and thereby redeem the personal property. Upon receipt of such payment, the owner shall
return the property to the tenant and thereafter shall have no liability to any person with respect to
such personal property. If the tenant fails to redeem the personal property or satisfy the lien,
including reasonable expenses, he will be deemed to have unjustifiably abandoned the self-service
storage facility or self-contained storage unit, and the owner may resume possession of the
premises for himself.
(7) A purchaser in good faith of the personal property sold to satisfy a lien provided for in s.
83.805 takes the property free of any claims, except those interests provided for in s. 83.808,
despite noncompliance by the owner with the requirements of this section.
(8) In the event of a sale under this section, the owner may satisfy his lien from the proceeds of
the sale, provided the owner's lien has priority over all other liens in the personal property. The
lien rights of secured lienholders are automatically transferred to the remaining proceeds of the
sale. The balance, if any, shall be held by the owner for delivery on demand to the tenant. A
notice of any balance shall be delivered by the owner to the tenant in person or by certified mail to
the last known address of the tenant. If the tenant does not claim the balance of the proceeds
within 2 years of the date of sale, the proceeds shall be deemed abandoned, and the owner shall
have no further obligation with regard to the payment of the balance. In the event that the
owner's lien does not have priority over all other liens, the sale proceeds shall be held for the
benefit of the holders of those liens having priority. A notice of the amount of the sale proceeds
shall be delivered by the owner to the tenant or secured lienholders in person or by certified mail
to their last known addresses. If the tenant or the secured lienholders do not claim the sale
proceeds within 2 years of the date of sale, the proceeds shall be deemed abandoned, and the
owner shall have no further obligation with regard to the payment of the proceeds.

History: s. 1, ch. 79-404; s. 5, ch. 82-151; s. 3, ch. 92-36; s. 4, ch. 93-238.

83.808 Contractual liens. ---
Nothing in ss. 83.801-83.809 shall be construed as in any manner impairing or affecting the right
of parties to create liens by special contract or agreement nor shall it in any manner impair or
affect any other lien arising at common law, in equity, or by any statute of this state or any other
lien not provided for in s. 83.805.

History: s. 6, ch. 82-151.

83.809 Application of act. ---
(1) Nothing in this act shall be construed as in any manner impairing or affecting the right of
parties to create additional rights, duties, and obligations in and by virtue of a rental agreement. 
The provisions of ss. 83.801-83.809 shall be in addition to all other rights allowed by law in a
creditor-debtor or landlord-tenant relationship.
(2) Chapter 82-151, Laws of Florida, shall apply to all rental agreements entered into, extended,
or renewed after July 1, 1982.

History: ss. 7, 10, ch. 82-151.