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Florida Statutes, Title VI

Florida/Statutes

← All Florida coverage

Title VI, Civil Practice and Procedure

36 chapters · 798 sections in this title.

All chapters in Title VI798 Ch 61, Dissolution of Marriage; Support; Ti…128 Ch 88, Uniform Interstate Family Support Act78 Ch 83, Landlord and Tenant75 Ch 63, Adoption51 Ch 48, Process and Service of Process38 Ch 55, Judgments36 Ch 68, Miscellaneous Proceedings34 Ch 56, Final Process28 Ch 76, Attachment27 Ch 73, Eminent Domain26 Ch 77, Garnishment25 Ch 64, Partition of Property23 Ch 47, Venue20 Ch 78, Replevin19

75 sections·Filtered byTitle VI✕Ch 83✕

Fla. Stat. § 83.001 Application
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This part applies to nonresidential tenancies and all tenancies not governed by part II of this chapter.History.—s. 1, ch. 73-330.
Fla. Stat. § 83.01 Unwritten lease tenancy at will; duration
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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 perio…
Fla. Stat. § 83.02 Certain written leases tenancies at will; duration
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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…
Fla. Stat. § 83.03 Termination of tenancy at will; length of notice
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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 the end of any annual period;(2) Where the tenancy is from quarter to quarter, by giving not less than 45 day…

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Fla. Stat. § 83.04 Holding over after term, tenancy at sufferance, etc

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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 …

Fla. Stat. § 83.05 Right of possession upon default in rent; determination of right of possession in action or surrender or abandonment of premises

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(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 onl…

Fla. Stat. § 83.06 Right to demand double rent upon refusal to deliver possession

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(1) When any tenant refuses to give up possession of the premises at the end of the tenant’s lease, the landlord, the landlord’s 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…

Fla. Stat. § 83.07 Action for use and occupation

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Any landlord, the landlord’s heirs, executors, administrators or assigns may recover reasonable damages for any house, lands, tenements, or hereditaments held or occupied by any person by the landlord’s permission in an action on the case for the use and occupation of the lands, …

Fla. Stat. § 83.08 Landlord’s lien for rent

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Every person to whom rent may be due, the person’s 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…

Fla. Stat. § 83.09 Exemptions from liens for rent

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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.

Fla. Stat. § 83.10 Landlord’s lien for advances

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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 wh…

Fla. Stat. § 83.11 Distress for rent; complaint

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Any person to whom any rent or money for advances is due or the person’s 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.…

Fla. Stat. § 83.12 Distress writ

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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…

Fla. Stat. § 83.13 Levy of writ

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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 the sheriff’s jurisdiction. If the property is in another jurisdiction, the party who had the writ issued shall deliver …

Fla. Stat. § 83.135 Dissolution of writ

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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 defenda…

Fla. Stat. § 83.14 Replevy of distrained property

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The property distrained may be restored to the defendant at any time on the defendant’s 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 …

Fla. Stat. § 83.15 Claims by third persons

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Any third person claiming any property so distrained may interpose and prosecute his or her 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, c…

Fla. Stat. § 83.18 Distress for rent; trial; verdict; judgment

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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 b…

Fla. Stat. § 83.19 Sale of property distrained

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(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…

Fla. Stat. § 83.20 Causes for removal of tenants

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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 …

Fla. Stat. § 83.201 Notice to landlord of failure to maintain or repair, rendering premises wholly untenantable; right to withhold rent

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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 leas…

Fla. Stat. § 83.202 Waiver of right to proceed with eviction claim

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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 con…

Fla. Stat. § 83.21 Removal of tenant

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The landlord, the landlord’s 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 entitle…

Fla. Stat. § 83.22 Removal of tenant; service

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(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 the defendant has no usual place of abode in the county or there is no person 15 years of age or older residing at the de…

Fla. Stat. § 83.231 Removal of tenant; judgment

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If the issues are found for plaintiff, judgment shall be entered that plaintiff 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 sh…

Fla. Stat. § 83.232 Rent paid into registry of court

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(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 du…

Fla. Stat. § 83.241 Removal of tenant; process

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After entry of judgment in favor of plaintiff the clerk shall issue a writ to the sheriff describing the premises and commanding the sheriff to put plaintiff in possession.History.—s. 9, ch. 6463, 1913; RGS 3550; CGL 5414; s. 34, ch. 67-254; s. 1, ch. 70-360; s. 5, ch. 94-170; s.…

Fla. Stat. § 83.251 Removal of tenant; costs

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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.

Fla. Stat. § 83.40 Short title

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This part shall be known as the “Florida Residential Landlord and Tenant Act.”History.—s. 2, ch. 73-330.

Fla. Stat. § 83.41 Application

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This part applies to the rental of a dwelling unit.History.—s. 2, ch. 73-330; ss. 2, 20, ch. 82-66.

Fla. Stat. § 83.42 Exclusions from application of part

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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. For residents of a facility licensed under p…

Fla. Stat. § 83.425 Preemption

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The regulation of residential tenancies, the landlord-tenant relationship, and all other matters covered under this part are preempted to the state. This section supersedes any local government regulations on matters covered under this part, including, but not limited to, the scr…

Fla. Stat. § 83.43 Definitions

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As used in this part, the following words and terms shall have the following meanings unless some other meaning is plainly indicated:(1) “Active duty” shall have the same meaning as provided in s. 250.01.(2) “Advance rent” means moneys paid to the landlord to be applied to future…

Fla. Stat. § 83.44 Obligation of good faith

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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.

Fla. Stat. § 83.45 Unconscionable rental agreement or provision

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(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 …

Fla. Stat. § 83.46 Rent; duration of tenancies

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(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 d…

Fla. Stat. § 83.47 Prohibited provisions in rental agreements

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(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 t…

Fla. Stat. § 83.48 Attorney fees

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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 attorney fees and court costs from the nonprevailing party. The right to attorney fees in this sectio…

Fla. Stat. § 83.49 Deposit money or advance rent; duty of landlord and tenant

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(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 the landlord’s agent shall either:(a) Hold the total amount of suc…

Fla. Stat. § 83.491 Fee in lieu of security deposit

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(1)(a) If a rental agreement requires a security deposit, a landlord may offer a tenant the option to pay a fee in lieu of a security deposit.(b) A landlord may provide a tenant the option of paying a security deposit in monthly installments in an amount that is agreed upon betwe…

Fla. Stat. § 83.50 Disclosure of landlord’s address

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In addition to any other disclosure required by law, the landlord, or a person authorized to enter into a rental agreement on the landlord’s 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 pe…

Fla. Stat. § 83.505 Electronic delivery of notices

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(1) A landlord or tenant may electronically deliver via an e-mail address any notices required under this part to the other party if the parties have signed an addendum to the rental agreement that the parties specifically agree to the electronic delivery of notices and have each…

Fla. Stat. § 83.51 Landlord’s obligation to maintain premises

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(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, doors, floors, steps, porches, exterior …

Fla. Stat. § 83.512 Disclosure of flood risks to prospective tenant of residential real property

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(1) A landlord must complete and provide a flood disclosure to a prospective tenant of residential real property at or before the execution of a rental agreement for a term of 1 year or longer. The flood disclosure must be in a separate document. The flood disclosure must be made…

Fla. Stat. § 83.515 Background screening of apartment employees; employment disqualification

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(1) The landlord of a public lodging establishment classified under s. 509.242(1)(d) or (e) as a nontransient apartment or transient apartment, respectively, must require that each employee of the establishment undergo a background screening as a condition of employment.(2) The b…

Fla. Stat. § 83.52 Tenant’s obligation to maintain dwelling unit

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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 or she occupies and uses clean and sanitary.(3) Remove from the tenant…

Fla. Stat. § 83.53 Landlord’s access to dwelling unit

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(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 …

Fla. Stat. § 83.535 Flotation bedding system; restrictions on use

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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 indus…

Fla. Stat. § 83.54 Enforcement of rights and duties; civil action; criminal offenses

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Any right or duty declared in this part is enforceable by civil action. A right or duty enforced by civil action under this section does not preclude prosecution for a criminal offense related to the lease or leased property.History.—s. 2, ch. 73-330; s. 7, ch. 2013-136.

Fla. Stat. § 83.55 Right of action for damages

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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.