Florida Statutes Part II - Residential Tenancies (Ss. 83.40-83.682)

• 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...
• 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...
• 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...
• 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...
• 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...
• 83.48 - Attorney 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...
• 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...
• 83.50 - Disclosure Of Landlord’s Address.
  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,...
• 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,...
• 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...
• 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;...
• 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...
• 83.54 - Enforcement Of Rights And Duties; Civil Action; Criminal Offenses.
  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...
• 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...
• 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...
• 83.561 - Termination Of Rental Agreement Upon Foreclosure.
  (1) If a tenant is occupying residential premises that are the subject of a foreclosure sale, upon issuance of a certificate of title following the sale,...
• 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...
• 83.575 - Termination Of Tenancy With Specific Duration.
  (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...
• 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...
• 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...
• 83.595 - Choice Of Remedies Upon Breach Or Early Termination By Tenant.
  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...
• 83.60 - Defenses To Action For Rent Or Possession; Procedure.
  (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...
• 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...
• 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...
• 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,...
• 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...
• 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...
• 83.67 - Prohibited Practices.
  (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...
• 83.681 - Orders To Enjoin Violations Of This Part.
  (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...
• 83.682 - Termination Of Rental Agreement By A Servicemember.
  (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...

Last modified: September 23, 2016