Florida Statutes Part I - Nonresidential Tenancies (Ss. 83.001-83.251)

• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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,...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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....
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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 the sheriff to...
• 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...

Last modified: September 23, 2016