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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

798 sections·Filtered byTitle VI✕

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…

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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.

Fla. Stat. § 83.56 Termination of rental agreement

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(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…

Fla. Stat. § 83.5615 Protecting Tenants at Foreclosure Act

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1(1) This section may be cited as the “Protecting Tenants at Foreclosure Act.”(2) In the case of any foreclosure on a federally-related mortgage loan or on any dwelling or residential real property after the effective date of this section, any immediate successor in interest in s…

Fla. Stat. § 83.57 Termination of tenancy without specific term

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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 o…

Fla. Stat. § 83.575 Termination of tenancy with specific duration

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(1) A rental agreement with a specific duration may contain a provision requiring the tenant to notify the landlord within a specified period before vacating the premises at the end of the rental agreement, if such provision also requires the landlord to notify the tenant in a ma…

Fla. Stat. § 83.58 Remedies; tenant holding over

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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. The …

Fla. Stat. § 83.59 Right of action for possession

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(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, the landlord’s attorney, or the landlord’s agent, applying for the removal of a tenant, shal…

Fla. Stat. § 83.595 Choice of remedies upon breach or early termination by tenant

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If the tenant breaches the rental agreement 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:(1) Treat the renta…

Fla. Stat. § 83.60 Defenses to action for rent or possession; procedure

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(1)(a) 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), or may raise any …

Fla. Stat. § 83.61 Disbursement of funds in registry of court; prompt final hearing

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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…

Fla. Stat. § 83.62 Restoration of possession to landlord

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(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 the sheriff to put the landlord in possession after 24 hours’ notice conspicuously posted on the premises. Saturda…

Fla. Stat. § 83.625 Power to award possession and enter money judgment

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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 p…

Fla. Stat. § 83.63 Casualty damage

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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:(1) The tenant may terminate the rental agreement and immediately vacate the premises. The tenant may vacate the par…

Fla. Stat. § 83.64 Retaliatory conduct

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(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 ten…

Fla. Stat. § 83.67 Prohibited practices

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(1) A landlord of any dwelling unit governed by this part shall not 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 re…

Fla. Stat. § 83.681 Orders to enjoin violations of this part

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(1) A landlord who gives notice to a tenant of the landlord’s 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 pr…

Fla. Stat. § 83.682 Termination of rental agreement by a servicemember

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(1) Any servicemember may terminate his or her rental agreement by providing the landlord with a written notice of termination to be effective on the date stated in the notice which is at least 30 days after the landlord’s receipt of the notice if any of the following criteria ar…

Fla. Stat. § 83.683 Rental application by a servicemember

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(1) If a landlord requires a prospective tenant to complete a rental application before residing in a rental unit, the landlord must complete processing of a rental application submitted by a prospective tenant who is a servicemember, as defined in s. 250.01, within 7 days after …

Fla. Stat. § 83.684 Homes for Veterans Property Management Incentive Pilot Program

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(1) This section may be cited as the “Homes for Veterans Property Management Incentive Pilot Program Act.”(2) As used in this section, the term:(a) “Corporation” means the Florida Housing Finance Corporation.(b) “HUD-Veterans Affairs Supportive Housing program” means a program th…

Fla. Stat. § 83.801 Short title

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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.

Fla. Stat. § 83.803 Definitions

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As used in ss. 83.801-83.809:(1) “Last known address” means the street address or post office box address provided by the tenant in the latest rental agreement or in a subsequent written change-of-address notice provided by hand delivery, first-class mail, or e-mail.(2) “Owner” m…

Fla. Stat. § 83.805 Lien

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The owner of a self-service storage facility or self-contained storage unit and the owner’s 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 sel…

Fla. Stat. § 83.8055 Withholding access to personal property upon nonpayment of rent

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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…