Fla. Stat. § 83.001
Application
This part applies to nonresidential tenancies and all tenancies not governed by part II of this chapter.
Florida Statutes Chapter 83 — LANDLORD AND TENANT
Florida · statute · Fla. Stat. ch. 83 · 75 active provisions
Fla. Stat. § 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…
Fla. Stat. § 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, th…
Fla. Stat. § 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 the end of 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 quarte…
Fla. Stat. § 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 accep…
Fla. Stat. § 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…
Fla. Stat. § 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 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, or in the same proportion for a longer…
Fla. Stat. § 83.07
Action for use and occupation
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, tenements, or hereditaments when they ar…
Fla. Stat. § 83.08
Landlord’s lien for rent
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 on the land leased or rented for the cu…
Fla. Stat. § 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.
Fla. Stat. § 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 sus…
Fla. Stat. § 83.11
Distress for rent; complaint
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. The complaint shall be verified and sha…
Fla. Stat. § 83.12
Distress 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 th…
Fla. Stat. § 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 the sheriff’s jurisdiction. If the property is in another jurisdiction, the party who had the writ issued shall deliver the writ to the sheriff in the other jur…
Fla. Stat. § 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 s…
Fla. Stat. § 83.14
Replevy of distrained property
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 be fixed by the sheriff; and conditioned…
Fla. Stat. § 83.15
Claims by third persons
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.
Fla. Stat. § 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…
Fla. Stat. § 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 par…
Fla. Stat. § 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 pe…
Fla. Stat. § 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 ten…
Fla. Stat. § 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 tend…
Fla. Stat. § 83.21
Removal of tenant
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 entitled to the summary procedure provided in s…
Fla. Stat. § 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 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 defendant’s usual place of abode in the co…
Fla. Stat. § 83.231
Removal of tenant; judgment
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 shall also direct, in an amount which is w…
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