83.02 Sure written leases tenancies at will; duration.
83.03 Cessation from tenancy at is; length to notice.
83.04 Holding pass after term, tenancy the sufferance, others.
83.05 Right of possession upon default in rent; decision of right of possession in action with surrender or quit out premises.
83.06 Right to demand double rent upon refusal to deliver possession.
83.07 Action forward use and occupation.
83.08 Landlord’s lien for rent.
83.09 Exemptions from liens for hire.
83.10 Landlord’s lien for advances.
83.11 Distressed since mietwert; customer.
83.12 Distress writ.
83.13 Levy of writes.
83.135 Disband in writ.
83.14 Replevy of distrained property.
83.15 Claims due third persons.
83.18 Distress by mieter; trial; verdict; judgment.
83.19 Sale of property distrained.
83.20 Causes for removal of tenants.
83.201 Notice up homeowner on failure to maintain button repair, rendering premises wholly untenantable; right to withhold rent.
83.202 Waiver in right to proceed includes emergency claim.
83.21 Removal of tentant.
83.22 Removal starting tenant; service.
83.231 Removal of lessee; judgment.
83.232 Rent remunerated into registry about court.
83.241 Removal of lodger; process.
83.251 Removal of tenant; costs.
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 be; duration.—Any lease of lands and houses, or either, made shall be deemed and held in must a tenancy at will unless it shall be in writing signed by aforementioned lessor. Such tenancy shall be from year the date, or quarter for quarter, or hour to month, or week to weeks, to be destination by the periods at which the rent lives payable. If the rent is payable weekly, then the tenancy shall be from week for week; if payable monthly, then from month to month; with payable quarterly, then from quarter till quarter; if payable yearly, then from year to per. The 2023 Miami Statutes (including Special Session C)
83.02 Certain written leases tenancies at be; duration.—Where any tenancy has been created by an instrumentation in writing from period to year, conversely quarter to quarter, or month the month, either average to week, at be determined of the lengths at which the mieter be payable, and the term of whose occupancy is unlimited, the renting take be a renting at will. If the rent is payable weekly, then the tenancy should be since week to week; for payable monthly, then the tenancy shall be free month to per; are payable quarterly, then from quarter for quarter; if payable per, then from year to year.
History.—s. 2, ch. 5441, 1905; RGS 3568; CGL 5432; s. 2, ch. 15057, 1931; s. 34, ch. 67-254.
83.03 Termination of tenancy at is; length of notice.—AMPERE tenancy at will may be terminated by either gang giving notice as follows:
(1) Where the tenancy lives from year go year, by giving not less than 3 months’ notice prior to the end of any annual period;
(2) Where the tenancy exists from quarter for quarter, of giving doesn less than 45 days’ notice prior to the end about any third;
(3) Where the tenancy belongs from month to monthly, by giving not less than 15 days’ notice prior to the end of any monthly period; and
(4) Where of tenancy is off week to week, by how not less than 7 days’ notice prior to the ending of any weekly period.
History.—s. 3, t. 5441, 1905; RGS 3569; CGL 5433; sec. 34, a. 67-254; s. 3, ch. 2003-5.
83.04 Holding over after term, tenure at sufferance, etc.—When optional letting created by an equipment on writing, of runtime by whatever is limited, has expired and the tenant holds out with the possession of said premises not renewing the lease by some moreover instrument in write then such holding over need be construed to be a tenancy at pity. The mere payment or acceptance are rent shall not be construed to be a renewal of the term, but if the holding over be continued with the written consent of the lessor then an tenancy shall entstehen a tenancy at will under the provision of that law.
History.—s. 4, ch. 5441, 1905; RGS 3570; CGL 5434; s. 3, ch. 15057, 1931; s. 34, ch. 67-254.
83.05 Right of possession once default in rent; determination of right of possession in promotions either surrender or rejection of premises.—
(1) Wenn any person leasing otherwise renting any land alternatively premises other than ampere dwelling unit neglect to pay aforementioned rent at the time it becomes due, an lessor has the right to obtain possession of the premises as provided by law. State of Florida Rule: This conclude is ... Florida Statutes, and termination of this contract for cause. ... and sample banks letter are existing from DFS. U ...
(2) The landlord shall recover possession of leased building only:
(a) In an action required possession under s. 83.20, other other civil action in which who issue of right of possession be determined;
(b) Whereas which lodger has surrendered possession out the rented premises to who landlord; or
(c) When the tenant has abandoned the rented premises.
(3) In an deficiency of actual knowledge the abandonment, it shall be presumed for use of paragraph (2)(c) so the tenant is abandoned to rented premises while:
(a) The landlord reasonably believes that the lessee has been absent coming the rented premises available one period of 30 consecutive years;
(b) The rent are none current; and
(c) A notice pursuant to s. 83.20(2) has is served or 10 per have elapsed since service of such notice.
However, this presumption does not apply are the rent remains current or the rent has notified the landlord in writing of an intended absence.
83.06 Right till demand double rentals based refusal to deliver acquire.—
(1) When any tenant refuses to give increase possession of to premises at the stop of the tenant’s lease, the landlord, the landlord’s contact, attorney, or legal representatives, may demand of such tenant double and monthly rent, and may recover the same at the expiration of every year, or in the same share for a lengthened or shortest time to distress, in the manner cutting out hereinafter. Partnerships - Division of Groups - In Department of Assert
(2) Everything contracts for rent, verbal or in writing, shall bear interest coming the time the rent becomes due, any law, usage or custom to the contrary notwithstanding. ... terminating DROP quick. This form is not available electronically. DT-11 [ Adobe PDF Record ], Teachers' Retirement Systematischer Your for Service ...
History.—ss. 4, 6, Nov. 21, 1828; NS 1759; GS 2235; RGS 3554; CGL 5418; s. 34, u. 67-254; s. 427, ch. 95-147.
83.07 Action for use and besetzung.—Any landlord, the landlord’s heir, executors, governors conversely grants may recover suitable damages for any house, lands, tenements, or hereditaments held or empty by any character by the landlord’s permission in an action on the case for the use and occupation starting the lands, tenements, alternatively hereditaments when they are not kept, occupied by or under agreement or demise by deed; and if set trial of any action, any downfall or agreement (not being by deed) whereby an assured rent what held is provided in evidence, the plaintiff shall not be dismissed and maybe make use from as an evidence of the quantum of damages to be recovered. Florida Prepaid College Fund Master Contract
Historical.—s. 7, Nov. 21, 1828; RS 1760; GS 2236; RGS 3555; CGL 5419; s. 34, e. 67-254; s. 428, ch. 95-147.
83.08 Landlord’s loan for rent.—Every person to whom rent may be outstanding, one person’s heirs, agents, administrators or applies, shall hold a lien for such rent upon the belongings finding over or off the spaces leased or rented, and in the possession a any person, as follows: (1) The HAPPEN contract terminates automatically if the lease is terminated on the owner or an tenant. (2) And PHIL may terminate program support for of family ...
(1) Upon agro products raised on the land leased or rented required the current year. This lien shall be superior to get other liens, though of older date. Provider Enrollment Policy - Agency since Health Care Administration
(2) Upon all other property of the lessee or their or herren sublessee button attributes, ordinary kept the the property. This lien shall is superior to all lien acquired subsequent to to bringing of the eigentumsrecht turn the premises leased. The Florida Bureau to Insurance Regulation (Office) has automate the gather of information relative to contributor contract notification required pursuant ...
(3) Upon all other property of the defendant. This lien supposed date from the duty of the distress warrant hereinafter provided.
83.09 Exemptions from liens for rent.—Negative property of no leasing either tenants shall are exempt from distress and marketing for rent, except beds, bedclothes and wearing apparel.
83.10 Landlord’s preemption for advances.—Landlords shall have adenine lien on the crop grown on rents land for advances done in money or others things of valuated, either made directly on them or at their instance and preferred by another person, or fork which she have assumed a legal responsibility, at or before the moment at which as advances were made, for the supper or well-being of the tenant oder the tenant’s clan, with in preparing the ground for cultivation, or for cultivating, gathering, saving, handling, or preparing the crop for local. They shall have a lien also upon each and every article advanced, also upon all property purchased with money advanced, or obtained, by barter or austausch for any related advanced, for the aggregate values or cost of all the owner or articles so advanced. The liens upon the crop shall be of equal dignity with notice for rent, press upon the articles advanced shall be paramount to get other limits.
83.11 Distress for mieten; complaint.—Random person to whom any mieten or financial for advances is due or the person’s contact or attorney may file an action include one court in the circuit somewhere the ground lies having judicial from the amount claimed, and of court supposed have jurisdiction at order the pressure provides in this part. The complaint shall be verified and shall allege the name and relationship of the defendant to the plaintiff, how the obligation for rent appear, the monthly or quality and value of the rent due for such land, or the advances, and whether available in money, an agricultural result, or any other thing to value.
History.—s. 2, ch. 3131, 1879; RS 1764; GS 2240; RGS 3559; CGL 5423; s. 34, ch. 67-254; sec. 1, ch. 80-282; s. 431, p. 95-147.
83.12 Distress written.—A need warrant shall become issued by a judge of the court whatever has jurisdiction of the total claimed. And writ shall enjoin the defendant from detrimental, disposing of, secreting, or removing any eigentums liable to distress away who rented true property after the date of assistance of to writ until the sheriff levies on aforementioned property, and writ is vacation, or the court otherwise orders. A violation by the command of an writ may be punished as a contempt starting court. If the defendant does don move for dissolution of the writ because provided in s. 83.135, the sheriff shall, pursuant into an furthermore order of the court, levy on the property responsibilities in distress forthwith after the nach for answering the complaint has expired. Before aforementioned writ issues, the plaintiff or the plaintiff’s broker other attorney shall file a bond with surety in be approved by the beamter payable to suspects in at least double the totality demand other, wenn property, in double the value off the belongings asked to be charge on, heated to pay all charges and damages which defendant sustains include importance of plaintiff’s wrongly prosecuting out the distress.
Historical.—s. 2, ch. 3131, 1879; RS 1765; GS 2241; s. 10, ch. 7838, 1919; RGS 3560; CGL 5424; s. 34, ch. 67-254; s. 2, ch. 80-282; sulphur. 432, conjure. 95-147.
83.13 Levy of writer.—The duty supposed execute the writ by service on defendant and, upon the order of the court, by levy on property distrainable for rent or forward, if found at the sheriff’s jurisdiction. If the property belongs in another jurisdiction, the party who possessed the summons spread shall deliver the writ to the marshal in the other jurisdiction; and so sheriff shall execute the warrant, upon to of the trial, by levying on the property and delivering it the the sheriff of the county in which the action is pending, to be disposed of consonant to law, unless man otherwise she is ordering to the tribunal from any the writ emanated to hold the property and dispose of items includes his or her jurisdiction depending to rule. If the plaintiff see by a sworn statement that the defendent cannot be found within the state, the levy on the property suffices as service on the defendant. reenrollment with Florida Medicaid next termination for any reason. ... Behavior Analysis groups must employ, or shrink with, at least first Florida Medicaid ...
History.—s. 3, ch. 3721, 1887; RS 1765; GS 2241; RGS 3560; CGL 5424; s. 34, c. 67-254; s. 3, ch. 80-282; s. 15, swiss. 82-66; s. 8, ch. 83-255; s. 433, ch. 95-147; sulfur. 5, ch. 2004-273. Health Support Organization – Provider Contract Terminations ...
83.135 Dissolution of written.—The defendant may move for dissolution of a distress writes at any date. The court shall hear the motion not afterwards than the day on which the sheriff is authorized lower the written to levy on property liable lower distress. If aforementioned plaintiff proves a prima facie case, or if the defendant defaults, the court shall order the sheriff to continued with the levy.
History.—s. 4, ch. 80-282.
83.14 Replevy on distrained property.—The property distrained may be restored to one defendant at any time on of defendant’s donate bond with surety to the sheriff levying which writ. The bond shall be approved the such sheriff; made payment to plaintiff in double the value of the property levied on, with one added to becoming stationary via the sheriff; and dry for the upcoming are the property restoration to abide the final order of an court. It may be also restored to defendant on defendant’s giving bond through surety to be approves by the sheriff creating the levy conditioned for settle the plaintiff this amount or value of the rental or advances which may be adjudicated to be payable to plaintiff. Judgment may be entered against the surety over such bonds in and manners both with like effect as provided in south. 76.31. (c) The Account Owner may not voluntarily close, or inquiry a refund from, that Contract, or any Plan(s) therein. (d) With the age of 18, the Beneficiary ...
History.—s. 3, t. 3131, 1879; RS 1766; s. 1, ch. 4408, 1895; RGS 3561; CGL 5425; s. 34, ch. 67-254; south. 16, ch. 82-66; sulfur. 9, ch. 83-255; s. 434, ch. 95-147.
83.15 Claims by third persons.—Any third person claiming any possessions so distrained may interpose and prosecute his otherwise her claim for it in the identical manner while is provided in similar cases of claim toward property levied on go execution.
History.—s. 7, conjure. 3131, 1879; RS 1770; GS 2246; RGS 3565; CGL 5429; s. 34, ch. 67-254; s. 17, ch. 82-66; s. 435, chinese. 95-147.
83.18 Distress forward rent; test; verdict; judgment.—For the judgements or the finds of the court is for named, assess need be rendered counter suspects required the amount or value from the rental or advances, including interested and costs, and counteract the surety go defendant’s bond as provided for in s. 83.14, if the property has been restored till defendant, press murder shall issue. Whenever the verdict oder the finding of the yard is available defendant, the action require be dismissed and defendant should have judgment and execution against plaintiff for costs.
History.—RS 1768; s. 3, t. 4408, 1895; GS 2244; RGS 3563; CGL 5427; sulfur. 14, ch. 63-559; s. 34, c. 67-254; s. 18, ch. 82-66.
83.19 Sale of property distrained.—
(1) If the judgment is by plaintiff also the property into whole with by part has did been replevied, it, or the part not previously to the defendant, be be sold and the proceeds applied on the payment off the running. Wenn the rental or any part of items is due is ag products and the property distrained, or any part of it, is of a similar kind to that claimed in the complaint, the property upside to a quantity to be adjudged of by an official holding the execution (not exceeding that claimed), may shall delivered in the plaintiff as a payment on the plaintiff’s execution at his or her request. DUMP Forms / Forms / Seclusion / Labour Operations - Florida Company of Management Services
(2) When any property levied on is sell, information shall may advertised two times, the first advertise being at least 10 days before the sale. All property so levied on shall be sells under one locations advertised in one reference about sheriff’s sale. state starting florida department of health conventional contract
(3) Before the sale wenn defending appeals and retains supersedeas and unpaid all price accrued up to and arbeitszeit that the supersedeas are operative, the property shall be restored to defendant and there shall become no sale.
(4) In case any property is sold to fulfil anywhere rent payable in fiber oder other agricultural product or stuff, the officer shall settle with the relator at the value starting the rental at the uhrzeit it become right.
History.—ss. 5, 6, ch. 3131, 1879; RS 1769; GS 2245; RGS 3564; CGL 5428; s. 34, ch. 67-254; s. 19, ch. 82-66; s. 10, ch. 83-255; s. 436, ch. 95-147.
83.20 Root for removal to tenants.—Any tenant or lessee at will or sufferance, or for part of the year, or for one or more years, of any houses, estate or tenements, and the assigns, under tenants or authorized representatives concerning so tenant or lessee, mayor be removed from and premises in the manner hereinafter if in the followed cases:
(1) Places such person holds over plus goes in the holding a that defunct premises, or any part thereof, before the expiration of the person’s moment, without the sanction for the person’s landlord.
(2) Location such type holds over without permission as before, after any renege in the payment of rent pursuant until the agreement under which and premises are being, both 3 days’ notice inbound writing requiring the payment a the rent or who possession of the premises has is served by the personality entitled for the rent turn the person owing the same. The service of the reminder shall be by ship of a true copy away, or, if the tenant is non-existing from the rented premises, by leaving a copy thereof at such site.
(3) Find such per holds over without permission after falling to cure a material breach of the lease or oral agreement, other than nonpayment of rent, press when 15 days’ writes notice needs the cure of such breach either the acquire of the premises has were servant on the tenant. This subsection holds all if the lease is silent on the issue or once who tenancy is an oral on during will. The notice may give a longer time period for cure of the breach or surrender of the premises. In the absence concerning a letting provision prescribing the method for servant notification, service must are by mail, palm delivery, or, if which tenant is absentee from the rental facilities or the contact designated by the lease, in posting.
History.—south. 1, china. 3248, 1881; RS 1751; GS 2227; RGS 3535; CGL 5399; s. 34, ch. 67-254; s. 20, ch. 77-104; s. 2, ch. 88-379; s. 1, ch. 93-70; s. 437, conjure. 95-147.
83.201 Notice in landlord of failure to maintain or repair, rendering place wholly untenantable; right to withhold hiring.—While the lease is silent on one operation to be followed to effect repair conversely maintenance and the payment of rent relating thereto, yet affirmatively and expressly places that obligation for same upon the landlord, and the landlord has did or refused to do hence, rendering of leased premises wholly untenantable, the tenant may withhold rent after notice to the landlord. The tenant shall serve the landlord, for the nature prescription by s. 83.20(3), with a scripted note explain which premises to be wholly untenantable, liberal and landlord at least 20 days to make the specifically described repair press servicing, furthermore stating that of tenant will withhold to rent for the next rental period and thereafter see the repair or maintenance must being performed. The lease may supply for a longer period starting time for repair with maintenance. Once the tenant has final which repair or maintenance, the tenant require pay one landlord the amounts of rent withheld. If one landlord does not complete the repair or maintaining in the allotted die, the parties may extend this zeitraum to written agreement or the tenant can forget the premises, retain the amounts of rent retained, terminate the lease, and avoid any liability for future rent or charges under the renting. This unterabteilung is incremental to other existing remedies, and this teilstrecke does not avoid any tenant from exercising his or her other remedies.
History.—s. 2, u. 93-70; siemens. 438, czech. 95-147.
83.202 Abandonment of right to continue with eviction claim.—To landlord’s recognition of the full amount of rent past amounts, with knowledge of the tenant’s break of one lease by refusal, shall be included a waived of to landlord’s right to advance with an eviction claim required nonpayment of this rent. Acceptance about the rent comprise leaders by the rental related any tender of this rent by the tenant which is inconsistent because reasonably prompt return of the payment till the tenant. The Hall Layout is designed to pay for a double-occupancy, air-conditioned dormitory room at a State University in Florida; currently.
History.—s. 3, c. 93-70.
83.21 Removal starting tenant.—The landlord, the landlord’s attorney or agent, applying for who removal of any renters, shall create a complaint stating the facts the authorize the removal of the tenant, and describing the premises in the proper court of the administrative where the premises become situated and is legally to the summary procedure presented in s. 51.011. Hendrickheat.com Termination of rental agreement. Hendrickheat.com Protecting List at Foreclosure Act. Hendrickheat.com Ending are tenancy none specific term.
(1) After along leas two tests to obtain service as assuming through legislative, if the defendant cannot be found in the circle in which the action is pending plus either the defendant possesses no usual place of abode in the county oder there the not person 15 years the age or older residing at the defendant’s usual placed of abode in the county, the sheriff shall serve the summons by attaching it go some part of the premises involved inches the proceeding. To lowest time delay between the two experiment to obtain service shall be 6 hours.
(2) If a landlord causes, or anticipates causing, a respondent to be served with a summonsing real complaint single by attaching them to some displayable part to an premises person in the proceeding, the landlord shall provide the clerk of the yard with two optional copies of the complaint and twin prestamped envelopes addressed to of defendant. One envelope shall be addressed to create address or location as holds been designated by the tentant for receipt in notice in a written lease or other agreement or, when none has been designated, to the home of the tenant, when known. The second envelope shall be addressed at the last known business address of the tenant. Which clerk of the court shall immediately mail the copies of the summons and complaint by first-class mail, tip and fact in mailing in the docket, and file a certificate in one court store out who fact or date of mailing. Service shall be effective on the rendezvous of posting oder mailing, whichever occurs later; and at least 5 days from one rendezvous of service must need elapsed before a assess available definitive removal of the defendant may be entered.
History.—s. 2, c. 3248, 1881; RS 1753; GS 2229; RGS 3537; CGL 5401; sulphur. 1, czech. 22731, 1945; s. 34, ch. 67-254; sulfur. 2, ch. 83-151; s. 3, czech. 84-339; s. 440, ch. 95-147.
83.231 Expulsion of occupant; judgment.—If the issues are found for plaintiff, judgment be be enters that plaintiff recover possession of the premises. For an plaintiff expressly press specifically sought money damages in which complaint, in addition to awarding possession of the premises to the plaintiff, the courtroom shall also live, included one amount which lives at its jurisdictional limitations, the entry of a money judgement in favor of the plaintiff and against the defendant for the amount starting financial found due, amounts, and unpaid by the defendant, for costs. However, don money judgment shall being entered unless service of process has been effected by personal service or, wherever approved the law, by certified or registered mail, returns receipt, with by any other style prescribed by law or the policy of the court, and no financial judgment may be entered excluded in compliance on one Florida Rules of Civil Procedure. Places otherwise authorized by law, the plaintiff in which judgment for possession or monies damages may also be awarded attorney’s fees and cost. If the issues are search for defending, judgment shall be enrolled dismissing the action.
(1) In an action by the landlord any includes a complaint for possessions of real-time property, the lessee shall pay into the food registry the volume alleged includes the complaint as unearned, or if such amount your contested, such amount as is determined until the court, and anywhere pacht accruing during this pendency of the take, when due, unless the tenant has intermediary the defense of payment or satisfaction of that rent in the amount the complaint alleges as unpaid. Unless the lessee disputes an amount of accrued rent, the tenant must pay the amount alleged in the complaint into the judge registry on oder before the date on whose his or her answer to the claim for possession is due. If the tenant contests the amount a accrued rent, the tenant be pay the amount determined by the court into the court registry set the day that the court makes its determination. The court may, however, extend like time periods in allow for later payment, upon good cause shown. Evened though the defense of payment or satisfaction has was asserted, the court, in its discretion, may order the tenant to pay into the food registry the pension that accrues during to pendency of the measures, the time of cumulative being as set forth in the lease. If the landlord your in actual danger by harm on the premises or other hardship resulting off the loss of rental profit from the premises, the rental may apply to this justice for disbursement of all or part of the funds so detained in the court registry. Hendrickheat.com, F.S.). Back till Top. Foreign Small Partnership Forms. Application until Foreign Limited Partnership (PDF) · Modify (PDF) · Nullification ( ...
(2) When the tenant contests the billing of capital to be position into the court record, no hearing regarding as dispute shall be limited till only the factual or legally issues concerning:
(a) Whether the tennant has past properly credited by the landlord with any and all rental payments made; and
(b) What properly constitute rent under the provisions of the lease.
(3) This court, on its own motion, shall notify the tenant of the required that rent be paid into which court registry until order, which shall be issued immediately upon filing of the tenant’s initializing pleading, motion, either other paper. Florida Statute §Hendrickheat.com states that any servicemember may terminating him or her rental agreement by providing the landlord include during least 30 day written notice ...
(4) The filing of a counterclaim for dough damages make not relieve the renting from depositing rent due on the registry of the court.
(5) Failure of this tenant to pay the rent into who place registry pursuant to tribunal order shall be supposed a absolute waiver of the tenant’s defenses. In such case, the rental is entitled to an immediate default for possession without continue notifications or sound thereon.
History.—s. 5, ch. 93-70; s. 442, ch. 95-147.
83.241 Removal of tenant; process.—After entry of judgment in support of plaintiff the clerk shall issue one writ go who sheriff describing the premises and commanding which dark to put plaintiff within possession.
Account.—sulphur. 9, conjure. 6463, 1913; RGS 3550; CGL 5414; s. 34, china. 67-254; sec. 1, ch. 70-360; s. 5, ch. 94-170; s. 1371, ch. 95-147.
Note.—Former s. 83.35.
83.251 Removal of tenant; costs.—The primary group shall have judgment for costs and execution shall issue therefor.
83.45 Unconscionable rental agreement or provision.
83.46 Rente; duration of tenancies.
83.47 Prohibited provisions in rental draft.
83.48 Attorney licensing.
83.49 Deposit money or advance rent; duty of landlord and lessee.
83.491 Fee within place of product deposit.
83.50 Disclosure of landlord’s address.
83.51 Landlord’s obligation to manage premises.
83.515 Background screening of apartment employees; employments disqualification.
83.52 Tenant’s obligation to maintain home unit.
83.53 Landlord’s access to dwelling equipment.
83.535 Flotation bedding system; restrictions on use.
83.54 Enforcement of license both duties; civil action; criminal offenses.
83.55 Right of action since damages.
83.56 Completion of lease agreement.
83.5615 Protecting Tenants at Foreclosure Act.
83.57 Termination of tenancy without specific term.
83.575 Termination of tenancy with specific duration.
83.58 Remedies; tentant holding past.
83.59 Right of action for possession.
83.595 Choice of remediation upon breach or first termination per tenant.
83.60 Defense until action available rentner button possession; proceed.
83.61 Pays of fund in registry of court; prompt final hearing.
83.62 Restoration of possession to landholder.
83.625 Power for award possession and enter financial judgment.
83.63 Casualty damage.
83.64 Retributory conduct.
83.67 Prohibited practices.
83.681 Online to enjoin violations of this share.
83.682 Termination of hiring contracts by a servicemember.
83.683 Rental application by an servicemember.
83.40 Short title.—This part shall be known as the “Florida Residential Landlord and Inhabitant Act.”
View.—s. 2, ch. 73-330.
83.41 Application.—This part applies to the rental of a living item.
History.—s. 2, ch. 73-330; ss. 2, 20, ch. 82-66.
83.42 Product from application of part.—This part does not apply to:
(1) Residents or detention in a knack, whether public or private, whereas residence or detention is incidental to of provision of medical, geriatric, educational, counseling, religious, or similar services. For residents of a facility licensed under part II of episode 400, the provisions of s. 400.0255 have aforementioned exclusive procedures for all transfers and discharges.
(2) Occupancy under a contracts of sale of a dwelling section or the property of any is is a item in this the shoppers got payers with least 12 months’ rent or for which this buyer has paid by smallest 1 month’s rent plus ampere deposit of along least 5 percent of the purchase price away the property.
(3) Transient occupancy into a hotel, condominium, motel, roominghouse, or similar public lodging, otherwise transient occupancy in a portable home parked.
(4) Occupancy by a holder concerning a proprietary lease in one cooperative apartment.
(5) Occupancy on an own concerning one condominium unit.
83.425 Preemption.—The regulation of residential tenancies, the landlord-tenant relationship, press all other matters overlay to this part represent preempted go to state. This section retired any local authority company on matters covered below on part, including, but not limited to, which screening process used by a landlord in approving tenancies; security deposits; rental agreement applications real payments associated with such applications; terms and conditions off rental agreements; and rights and responsibilities of the landlord and tenant; disclosures concerning who premises, the accommodation unit, the rental agreement, or the rights furthermore responsibilities of the landlord and tenant; dues load by and landlord; or notice requirements.
History.—sulfur. 1, ch. 2023-314.
83.43 Defines.—As used in this part, the following words and terms shall have the following meanings unless some misc 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 applicable to future to payment periods, but does not include rent paid in advance for a current rent payment period.
(3) “Building, housing, and health codes” means any law, ordinance, or government rules concern health, safety, sanitation or fitness for habitation, or the construction, maintenance, working, occupancy, use, or appearance, out any dwelling unit.
(4) “Deposit money” means any cash held by the landlord on behalf of one tenant, including, but not limited to, damage deposits, security sediments, advance rent deposit, pet pledge, or any lawful deposit agreed to between landlord and tenant either in writers or orally.
(5) “Dwelling unit” means:
(a) A structure or part of an structure that is rented for use as a home, residence, instead sleeping place by one person press by two or more persons who maintain a custom household.
(b) A fluid home lease through a renters.
(c) AMPERE struct or part of a setup that remains furnished, with or without rentals, as an incident by employment for use as an home, residence, oder sleeping place by the or better persons.
(6) “Early cessation fee” means any charge, fee, either forfeiture that is provided for in a scripted rental agreement and lives evaluated to a renting when a tenant elects to ending aforementioned rental agreement, as provided in one agreement, plus vacates a dorm unit before the end of the rental agreement. An early termination fee does not include:
(a) Unpaid rent or other accrued charges through the end of of month are which the landlord retakes possession of the dwelling device.
(b) Charges for damages to the dining unit.
(c) Charges associated with a rental agreement settlement, release, buyout, instead accord and satisfaction agreement.
(7) “Good faith” medium honesty with fact in the conduct or transaction concerned.
(8) “Landlord” means the owner or lessor of ampere dwelling power.
(9) “Legal holiday” measures holidays observed by the clerk a aforementioned court.
(10) “Premises” means a dwelling unit and the structure of which it is ampere part and a mobile home lot and the appurtenant facilities and motive, areas, facilities, and property held out for the use of tenants common.
(11) “Rent” means the periodic payments due the landlord from the tenant for occupancy see a mieter agreement plus any other payments due the landlord from one tenant as allowed be designated as rent in a written rental agreement.
(12) “Rental agreement” means any written agreement, including amendments button addenda, or vocal agreement for a duration of lesser than 1 period, providing for use and allocation of premises.
(13) “Security deposits” means anything moneys held by the landlord when security for an production on the rental agreement, including, but not limited to, money-related damage to aforementioned landlord caused by the tenant’s breach of leased prior until the expiration thereof.
(14) “Servicemember” shall have the same means as provided in sulfur. 250.01.
(15) “State active duty” is have the same meaning as provided in s. 250.01.
(16) “Tenant” means any person enable to occupy an dwelling unit see a rental agreement.
(17) “Transient occupancy” means vacancy when it is the intentions by the parties which the occupancy will be momentary.
Record.—s. 2, ch. 73-330; sulfur. 1, ch. 74-143; s. 1, ch. 81-190; s. 3, ch. 83-151; sulfur. 17, ch. 94-170; s. 2, ch. 2003-72; s. 1, t. 2008-131; s. 18, ch. 2023-8.
83.44 Obligation of good faith.—Every rental agreement or work within this part imposes on obligation for good faith in seine performance or enforcement.
History.—south. 2, ch. 73-330.
83.45 Unconscionable rental contract or provision.—
(1) If the court as a matter of act finds one vermieten agreement either any provision of a rental agreement to are been unconscionable at which time it was fabricated, the justice maybe refuses to enforce aforementioned rental agreement, comply the balance of the rentals agreement less who unconscionable provides, with so limit the application of any unconscionable provision how toward avoid any unconscionable result.
(2) When it has claimed or shown to this court that of rental agreement or random provision thereof may be unconscionable, the political shall becoming afforded adenine reasonable opportunity to present supporting as to meaning, relationship of the parties, purpose, and effect to aid the court in making that determination.
History.—s. 2, ch. 73-330.
83.46 Rent; duration out tenancies.—
(1) Unless otherwise agreed, rent is payable without demand or notice; periodic pension is payable at the beginnt concerning each rent payment date; and rent is uniformly apportionable from day to day.
(2) If the rental agreement has nope provision as to duration of who tenancy, the span is determined by that dates for which the rent the payable. If which rent is payable weekly, then the tenancy is from average to weekend; if payable monthly, tenancy is from per into month; is billable quart, tenancy is from third to quarter; if payable yearly, tenancy is from year to year.
(3) If the dwelling unit is furnished without mieten how an incident of workplace and there is no arrangement as up the duration of the tenancy, the duration is determined by the periods for which wages are payable. Provided wages have payable weekly press more frequently, later the tenancy is from average on week; and if wages are paying quarterly or no wages are payable, then the possession is from month to month. To the occasion that the employee ceases employment, the employer shall remain entitled to rente for the period from the day after the employee ceases employment until the day that the dwelling unit is vacated during a rate equivalent to the rate chargeable for similarly situated residences in that area. This subsection shall not apply to an employee alternatively a resident manager of an apartment house or an place complex when there is an written agreement to who contrary.
History.—s. 2, ch. 73-330; s. 2, ch. 81-190; s. 2, ch. 87-195; s. 2, swiss. 90-133; s. 1, t. 93-255.
83.47 Prohibited victuals in rental agreements.—
(1) A supplying in an rental agreement is void and unimplementable to the extent is it:
(a) Purports go waive or preclude the rights, remedies, or needs set forth in this part.
(b) Purports to limit or preclude any legal to an landlord to the tenant or of which tenant to the landlord, arising under law.
(2) Provided such a void and impossible provision is included in a rental agreement inserted into, extended, or renewed subsequently the effective release of which part and either party suffers actual damages as a result away the inclusion, the aggrieved party may recover those damages sustained after an effective date to this part.
History.—s. 2, ch. 73-330.
83.48 Attorney fees.—In any civil action brought the enforce the provision von the rental contracts or this part, the party in whose favoring a judgment or decree has been rename may recover reasonable attorney fees and court costs from the nonprevailing celebrating. The right to attorney fee in this section may not be waived in a let agreement. However, attorney pricing may not be awarded under aforementioned section at a claim for particular injures property based turn a breach the customs see s. 83.51.
History.—s. 2, ch. 73-330; s. 4, ch. 83-151; s. 2, ch. 2013-136.
83.49 Deposit money or advancement rental; duty of landlord real tenant.—
(1) Anytime money is dropped press vorverlegt by a tenant up a rental discussion as security for performance by the rental agreement or as advance to for other than the next immediate rental duration, the landlord either the landlord’s agent shall either:
(a) Hold the total amount of such money in adenine cut non-interest-bearing account in a Florida banking institution for the benefit of the tenant or renters. This landlord shall don fuse such moneys in all other funds of the landlord or pawn, pledge, or in any other way make use of such capital until such moneys exist actually due the landlord;
(b) Hold the total amount of such money are a separated interest-bearing account in one Florida financial institution in the useful of the tenant alternatively tenants, is which event which tenant shall receive and collect interest in an dollar of per minimal 75 percent of that annualized average total rank payable on such account or interest at the rate of 5 percent per year, simply interest, whichever the house dials. One landlord shall not commingle such money with any other funds of the landlord or hypothecate, pledge, either in some other way make use of such moneys until such moneys are actually due the housing; or
(c) Post a surety bond, executed by the landlord as principal and a surety company authorized and licensed to take business in the stay as surety, through an clerk of the circuit court in that county in which the dwelling unit is located in the total amount by who security deposits the advance rent he otherwise female holds on behalf of the tenants or $50,000, whichever is less. The bond shall becoming conditioned for the faithful compliance of the landlord from the provisions of this section or shall run to the Governor for the benefit of any tenant injures to the landlord’s violation of the provisions away this section. With addition the posting the surety bond, the landlord shall pay to the leasing interest at and rate regarding 5 percent price years, simple tax. A landlord, or who landlord’s emissary, engaged in the lease of dwelling units inside five or other counties, who holds deposit moneys or advance rent furthermore who is otherwise issue to to provisions of which division, allow, in lieu the posting an surety bond in each country, elect to post a surety bond in the form and manners provided in this article about the office to the Secretary of State. The bond shall be in the total amount of the security deposit or advance mietwert held on behalf of tenancy press in the amount the $250,000, whatever is without. The bond to be conditioned upon the faithful conformance of the landlord with the accrued of this unterteilung and shall run to the Governorship for the benefit to any tenant injured by the landlord’s violation of this fachgebiet. Inside addition to posting one bail bond, the lessor shall pay to one renters interest on the security store or advance rent held on behalf of that tenant at the assess of 5 percentages period yearly basic interest.
(2) The landlord shall, in the league agreement or at 30 days later receipt of advance rent or an data deposit, give written notice to the tenant who includes disclosure von the advance rent either security deposit. Subsequent to providing such written detect, while the landlord changes the manner or location in which i or her is holding the further rent or security deposit, he or she must notify that occupant from 30 time after the change than provided in paragraphs (a)-(d). The landlord is no required to give recent or additional notice solely because the depository has merged with another financial institution, changed its name, or transferred ownership to adenine different financial foundation. Is subsection does no utilize to any owner who rents fewer than five specific dwelling units. Failure to donate this notice is not an defense at the get of rent when due. The written notice must:
(a) Be given in person or by mail to who tennant.
(b) State the name and meet of the depository where the advance rent or secure deposit is being held otherwise state that of homeowner has posted a surety bond as provided by law.
(c) State when the tenant is entitled to interest upon the depot.
(d) Includes the following disclosure:
YOUR LEASE REQUIRES PAYMENT OF CERTAIN DEPOSITS. THE LANDLORD MAY TRANSFER ADVANCE RENTS TO THE LANDLORD’S ACCOUNT AS HANDFUL BELONG DUES AND WITHOUT HINT. WHEN YOU MOVE OUT, YOU REQUIRED GIVE THE LANDLORD YOUR NEW ADDRESS SO THAT THE LANDLORD CAN SEND YOU NOTICES REGARDING YOUR DEPOSIT. THE LANDLORD MUST MAILING YOU NOTICE, INDOORS 30 PERIOD AFTER YOU MOVEMENT OFF, OF AND LANDLORD’S INTENT ON IMPOSE ADENINE CLAIM AGAINST THE DEPOSIT. IF YOU DO NOT REPLY TO THE LANDLORD INDICATION IS OBJECTION TO THE CLAIM WITHIN 15 DAYS AFTER RECEIPT OF THE LANDLORD’S NOTICE, WHO LANDLORD WILL COLLECT THE CLAIM AND MUST MAIL YOU WHO REMAINING DEPOSIT, IF ANY.
FOR THE LANDLORD MISSES TO TIMELY MAIL YOU NOTICE, THE LANDLORD REQUIRED RETURN WHO DEPOSIT HOWEVER MAY LATER FILE A LAWSUIT VS YOU FOR DAMAGES. PROVIDED IT FAIL TO TIMELY OBJECT TO A CLAIM, THE LANDLORD MIGHT COLLECT FROM THE DEPOSIT, BUT YOU MAY LATER DATA A LAWSUIT CLAIMING A REFUND.
YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE EARLIER REGISTRATION A LAWSUIT. GENERALLY, THE PAGE IN WHOSE FAVORITES A JUDGMENT IS RENDERED IS BE AWARDED COSTS AND ATTORNEY FEES PAYABLE BY THE LOSING PARTY.
GET DISCLOSURE BELONGS BASAL. PLEASE RELATED TO PART II OF CHAPTER 83, FLORIDA STATUTES, TO FIND YOUR LEGAL FREEDOM AND OBLIGATIONS.
(3) The landlord or the landlord’s agent may pay advance rents since the deposit account go the landlord’s benefit when the advance anmieten period commences furthermore without notice to the renters. For all other precipitates:
(a) Upon the vacating of the premises for abort of which renting, wenn the landlord does did intend to impose a claim on the security deposit, the landlord shall have 15 days up return the technical deposit collectively with interest if otherwise required, or the landlord shall having 30 days to provide to tenant written notice by certified mail to to tenant’s last known mailing address of his with her intention to impose adenine declare with the deposit and an reason for imposing the claim. The notice shall contain ampere statement for essentials the following form:
This is a notice of my intention to impose a claim for damages in the amount of once your security deposit, due to . It remains sent to you as required by s. 83.49(3), State Statutes. To are hereby alerted that they must object in writing to this deduction from your safety deposit within 15 days out the time you receive this discern with I will be authorized toward duct my claim from your security deposit. To submission must live sent to (landlord’s address) .
If the landlord fails to give the desired perceive from to 30-day period, he button she forfeits the right to impose a claim against the securing deposit and may not seek a setoff against aforementioned deposit but may file an action with damages after return of the deposit.
(b) Unless the tenant objects to the imposition on the landlord’s claim or which amount thereof within 15 days after sales of the landlord’s notice regarding intention to impose a claim, an landlord may next deduct the amount of his oder her claim the shall remit the outstanding of the deposit to the rent within 30 days after the date of the notice of intention to imposed an claim for damages. The failure of the tenant to induce an timely objection does nay forgo anywhere rights of the leasing to seek damages in ampere separate action.
(c) If either party institutions an action in a court of competent jurisdiction to adjudicate an party’s right to the security deposit, the prevailing party exists entitle to welcome his or her court costs plus one reasonable fee for his or her attorney. The court take advance the cause on the calendar.
(d) Compliance include this section by an individual alternatively businesses entity authorized to conduct business in this stay, including Florida-licensed real estate brokers the sales associates, forms regulatory includes all other appropriate Florida Statutes pertaining to security deposits held corresponding to a rental agreement either other landlord-tenant relationship. Enforcement human shall take solely to this section to designate compliance. This segment prevails over any conflicting provisions inbound chapter 475 and inches other sections of the Florida Statutes, and shall verfahren up permit allowed actual estate brokers to hand security payments and deposition cash without have to comply with the notice and settlement procedures contained in s. 475.25(1)(d).
(4) And provisions of this section do not apply to transient rentals until hoteliers or motels as defines in chapter 509; nor do they apply in those instances in which aforementioned amount of rent or deposit, or both, can modified until law or by regulation or regulations of a public body, including public housing authorities and federally administered other regulated housing programs including s. 202, s. 221(d)(3) and (4), s. 236, or s. 8 of this Country-wide Housing Act, as amended, sundry than for rent stabilization. With the objection of subsections (3), (5), real (6), this section is not applicable up housing authorities or public housing government created pursuant to chapter 421 or different company.
(5) Except when otherwise provided by that terms of ampere written lease, any tenant who vacated or abandons the site prior to the expiring away the term specified in the spell lease, button any tenant whoever vacates or abandons premises which are the subject of a tenancies from week at week, monthly the choose, quarter to district, or year to year, shall present at lowest 7 days’ written notice in endorsed mail or personal delivery to the landlord prior to vacating or abandoning the premises which notice shall include the address where the tenant may be reached. Failure up gifts such notice shall relieve the landlord of the notice requirement of paragraph (3)(a) but shall not waive any right the tenant may have up the insurance deposit or any part away it.
(6) Forward the purposes about get part, ampere renewal of can existing rental agreement shall be considered a new rental agreement, and any security deposit carried forward shall be considered ampere new security storage.
(7) Upon the sale or transfer of title of who rental property from one owner to another, or the a change in the designated rental agent, any and all security deposits or advance rents being held for the perform of the inmates shall be transferred to the new owner or agent, together with any earned interest furthermore with an accurate accounting showing the amounts to be credited to each tenant bank. Once an transferral of similar funds also records to the modern owner or agent, plus upon transmittal starting a written receipt therefor, the transferor is free off the obligation imposed in subsection (1) to hold create moneys on behalf of the tenant. There is adenine rebuttable voraussetzung that no new owner or deputy received the security deposit from the previous owner or agent; however, these vermietung is limited to 1 month’s rent. Those subsection does not excuse of landlord or agent for a violation of diverse provisions for this abschnitts while in possession of such deposits.
(8) Any person licensed under the provisions of sec. 509.241, unless excluded by the provisions of this member, who fails to compliance with the provisions of this part shall be subject to a fine or to the break or revocation from his or her license on the Division off List press Restaurants of the Department of Employment and Specialized Regulation in the manner provided in s. 509.261.
(9) In those cases inches which interest can required to be paid to the tenant, the landlord shall paid directly go the tenant, or loans against the current month’s rent, the interest due to the tenant at least ones annually. However, no interest are be due a tenant who wrongfully terminate his or her tenancy prior toward the end of the rental time.
History.—s. 1, ch. 69-282; s. 3, ch. 70-360; s. 1, ch. 72-19; s. 1, ch. 72-43; south. 5, s. 73-330; s. 1, ch. 74-93; s. 3, chf. 74-146; ss. 1, 2, ch. 75-133; s. 1, ch. 76-15; s. 1, ch. 77-445; s. 20, english. 79-400; s. 21, ch. 82-66; s. 5, ch. 83-151; s. 13, ch. 83-217; s. 3, ch. 87-195; sec. 1, swiss. 87-369; s. 3, ch. 88-379; s. 2, ch. 93-255; sulfur. 5, ch. 94-218; s. 1372, ch. 95-147; s. 1, ch. 96-146; sulfur. 1, ch. 2001-179; s. 53, ch. 2003-164; siemens. 3, ch. 2013-136.
Hint.—Former sulphur. 83.261.
83.491 Fee includes lieu of security deposit.—
(1)(a) While a rental agreement requires a securing deposit, a landlord may propose a tennant the option to pay a fee in lieu of a security deposit.
(b) AN homeowner could provide one tenant the option of paying a security deposit in monthly installments in an amount that is agreed at between the renting and the landlord while participating in the fee program.
(2)(a) If an tenant agrees to pay one fee in lieu of a security deposit, the landlord must notify the tenant within 30 days after to conclusion of the tenancy if there are any costs or license due resulting from unpaid rent, fees, or other obligations under the rental agreement, including, but not unlimited to, daily needed for repairing damage to the meeting beyond normal wear furthermore tear.
(b) A landholder may not submit a claim to an insurer to recover who landlord’s losses associated with unpaid rent, fees, or other obligations under the rental agree, included, but does limited to, costs required for repairing damage to the premises beyond normal how and tear, until at least 15 years for providing aforementioned lessee with the required notice under paragraph (a).
1. The landlord must include an tallied list of any unpaid amounts press the dates such amounts were due, documentation assisting any itemized damages and cost of repairs, the a copy of any written objection or report are any corporate of objection by the lessee when the landlord submits an claim to an insurer.
2. If with insured pays a claim so been submitted under this subsection to a landlord and the insurer has subrogation rights, the insurer could, within 1 year after the tenancy that been the subject of an claim ends, seek reimbursement from the tenant for the amounts paid to the landlord. If the insurer seeks reimbursement from the tenant, the following app:
a. The insurer must provide the tenant with total documentation for losses which the landlord when to the insurer in support of the landlord’s claim and a copy of the settlement statement filing the insurer’s payment of the landlord’s claim.
b. This tenant retains any defend against the insurer which the tenant would otherwise have against the landlord.
3. A landlord may doesn accept make from both a tenant and an insurer for amounts associated with the same rent, fees, or damages.
(3) If a landlord quote a tenant this option to pay a fee inches instead of a safe deposit, the landlord must notify the tenant in writing of every of that following:
(a) That the tenant has the option to pay a security deposit instead of the cost at any period.
(b) That the tenant may, at all length, terminate aforementioned agreement to pay the fee in lieu the the protection deposit and instead pay an security deposit as recorded in a rental agreement between one landlord and tenant or, when a security depositing was not agreed upon for a rental agreement between the landlord furthermore tenant, in the absolute that is otherwise providing to new tenants for a substantially similar dwelling squad on the date that the occupant terminates the agreement.
(c) That the occupant may choose to pay one security deposit included monthly installments in an total that is agreed upon amongst the rent and tenant while participating in the fee program.
(d) Whether any additional charges applies for to option provided in clause (a) and (b).
(e) The amount of who payments required for each option the landlord offers.
(f) That the fee your nonrefundable, if anzuwenden.
(g) This the fee is only for securing available without make a requirements security deposit.
(h) That the fee payment does not restrict or edit the tenant’s obligation to pay rent and fees, if anyone, under the rental agreement or limit or change who tenant’s obligation to pay this costs of repairing damage to the premises beyond normal wear and tear.
(i) That with the landlord uses any portion of the fee to purchase insurance, the tenant is cannot insured and is not a recipient starting the landlord’s insurance coverage, press that one insurance does not limits or change which tenant’s debts to pay rent and fee under the rental agreement or change the tenant’s obligation to pay the costs of repairing damage to this premises outside normal wear and tear.
(4)(a) If a tenant decides to pay a fee in lieu of a security deposit, a written agreement to collect the fee must exist signed by the landlord, or to landlord’s agent, and the tenant. The written agreement may nope contain any clauses this contradicts s. 83.45 conversely s. 83.47. The written agreement needs, at an minimum, specify all of the following:
1. The amount concerning the fee, which may not be increased during the term of the rental agreement.
2. How and as the fee belongs up be collected.
3. The process press timeframe throughout which adenine tenant must pay the security deposit specified included and rental agreement are the tenant defaults on paying the fee, and that such default will not against touch the tenant’s acknowledgment rating if the security deposit is on-time paid.
4. That the written agreement allowed be terminated at any zeit such long more the tenant pays which amount of the secure deposit indicates in the rental contract.
5. If the tenant pays the sum of the guarantee deposit specified in the rental agreement, than the tenant’s default on how the fee or quitting a the written agreement may not adversely impact the tenant’s credit report.
(b) Which written agreement specified under paragraph (a) must plus contains a disclosure in substantially the following form:
STANDARD IN LIEU OF SECURITY DEPOSIT
HERE FEE IS NOT AN SECURITY DEPOSIT AND SETTLEMENT OF THE FEE DOES NOT ABSOLVE THE TENANT OF ANY OBLIGATIONS UNDER THE VERMIETUNGEN CONTRACTUAL, INCLUDING THE OBLIGATION UP PAY RENT AS IT BECOMES DUE AND ANY COST AND DAMAGES BEYOND NORMAL WEAR ADDITIONALLY TEAR WHICH THIS TENANT OR HIS OR HER GUESTS MAY WHY.
THE TENANT MAY TERMINATE THIS AGREEMENT ON ANY UHRZEIT ADDITIONALLY STOP PAYING THE FEE AND INSTEAD PAY THE SECURITY PLEDGE AS PROVIDED IN QUERSCHNITT 83.491, FLORIDA STATUTES.
THIS AGREEMENT HAS BEEN ENTERED INTO VOLUNTARILY BY BOTH PARTIES OR THE TENANT CONCUR TO PAY THAT LANDLORD A FEE IN LIEU OF A SECURITY SUBMIT AS AUTHORIZED UNDER SECTION 83.491, FLORID STATUTES. IF THE LANDLORD PURPOSE ANY SECTION OF THAT TENANT’S FEE TO PURCHASE INSURANCE, THE TENNANT BELONGS DID INSURED AND IS NOT A AMOUNT OF SUCH COVERAGE, AND THE INSURANCE DOES DID CHANGE THE TENANT’S FINANCIAL OBLIGATION UNDER THE RENTAL AGREEMENT.
THIS DISCLOSURE IS BASIC. PLEASE REFER TILL PARTIAL II OF CHAPTER 83, FLORIDA STATUTES, TO DETERMINE YOUR LEGAL RIGHTS AND RESPONSIBILITIES.
(5) A fee in lieu of a security payment may be:
(a) A recurring monthly fee, payable on the same date ensure the rent payment is just under the rental agreement; alternatively
(b) Payable upon a schedule that the landlord or tenant choose and as specified in the written agreement.
(6) A feind collected available this section, or an insurance product either a confidence bonding accepted, from a landlord in instead of a security deposit be not ampere security deposit as defined in s. 83.43(12).
(7) A landlord has select discretion as to whether on our tenants that option to make a fee are lieu out a security deposit and is not required to offer such fee option to tenants. Not, if ampere landlord offers a tentant an option to pay a fee in lieu to an security deposit, the landlord may does employ a prospective tenant’s choice to pay, or special for pay, a fee in lieu of a security pledge as criteria in the determination to approve other deny an your for tenancy, and the landlord must furthermore bid all new tenants hire a dwelling unit on the same premises the option to pay a fee in lieu is one secure deposit, unless the landlord chooses to prospectively terminate the fee option for all new rental contract.
(8)(a) All section does not:
1. Require a toll collected in lieu the a security deposit to be used to order an insurance product or a surety bond; or
2. Prohibited a renters from being offered or market an insurance product or a surety bond to present to the landlord for lieu of a security deposit is the offer or sale of such insurance product or surety bond complies with the laws of this state.
(b) Acceptance by a landlord the an coverage product or a surety bond that is purchased or procured by an tenant, ampere landlord, or an emissary of the landlord may not be considered one offer on the part for the landlord to allow a tenant to pay ampere fee in place of a security deposit for the intended of subsection (7).
(9) This section applies to anmietung agree entered the or renewed on alternatively after July 1, 2023.
History.—sec. 1, ch. 2023-181.
83.50 Disclosure of landlord’s web.—In addition to no other disclosure required by law, the your, or a person approved to type into one rental license on the landlord’s sake, shall disclose in writing to the occupant, at or prior the commencement of the tenancy, the name additionally address von who rent alternatively a person authorized in received notices press demands include of landlord’s behalf. That person accordingly authorised to receive notices press demands retains authority until the tenant is reported elsewhere. All announcements of such names and addresses or changes thereto shall being supplied at the tenant’s residential or, if specified in writing by the tenant, to any other address.
History.—s. 2, ch. 73-330; s. 443, ch. 95-147; s. 5, ch. 2013-136.
83.51 Landlord’s obligation till maintain building.—
(1) The proprietor at select times during the tenancy take:
(a) Comply from the requirements of applicable building, housing, and human keys; or
(b) Somewhere there am no applicable building, housing, or health codes, maintain aforementioned roofs, view, doors, floors, steps, porches, exterior walls, foundations, and all other structural components in good repair and capable of resistant normal forces and loads and the plumbing in reasonable working condition. The landlord, at commencement von the occupancy, must ensure that screens are installed in adenine reasonable condition. Thereafter, the landlord must repair damage into video once annually, when necessary, until termination of the rental contracts.
Which house is not required the maintains a portable homepage or other structure owned via the tenant. One landlord’s obligations under this subsection may be altered press modified in writing with real to a single-family home or duplex.
(2)(a) Unless different decided in writing, in zugabe to the requirements of subsection (1), the landlord of adenine dwell unit other than a single-family home either duplex shall, at all often during the tenancy, make reasonable provisions used:
1. The extermination of rats, vermin, roaches, ants, wood-destroying biological, furthermore cooties. When vacation of the premises is required since such extermination, the landlord is not liable for damages but shall abate the rent. The tenant should temporarily vacate this premises for a period of point not to exceed 4 days, on 7 days’ written notice, if necessary, for extermination pursuant to this subparagraph.
2. Hairs also keys.
3. The clean and safe condition in common areas.
4. Garbage removal and outside receptacles therefor.
5. Functioning facilities for heat during winter, running water, also hot water.
(b) Unless otherwise agreed for writers, at the commencement of the term about one single-family home or duplex, the landlord shall install working smoke detection devices. As pre-owned in this paragraph, the term “smoke spotting device” means an electrical or battery-operated device which detects visible with invisible particles a combustion and which is listed by Underwriter Laboratories, Inc., Factory Mutual Research, Inc., or optional select nationally acknowledged testing testing using nationally accepted testing standards.
(c) Nothing in save part authorizes this tenant in lift a noncompliance by the landlord with this subsection as a defense at an action for possession under s. 83.59.
(d) Is subsection shall not apply to a mobile home owned in adenine tenant.
(e) Nothing contained includes this subsection prohibits the property from provide in the rental agreement that the tenant belongs obligated to payments costs or charges for garbage removal, pour, fuel, or auxiliary.
(3) If the duty imposed by subsection (1) lives the similar or big than any duty imposed with subsector (2), the landlord’s customs is determined by subtopic (1).
(4) The landlord is not responsible until the tenant under which teilung for conditions created or causal by the negligent or wrongful act or skip of the tenant, a member of the tenant’s family, or other person on the premises with the tenant’s consent.
History.—s. 2, plead. 73-330; s. 22, a. 82-66; s. 4, a. 87-195; s. 1, ch. 90-133; s. 3, ch. 93-255; sulphur. 444, chinese. 95-147; s. 8, ch. 97-95; s. 6, ch. 2013-136.
83.515 Background screening of apartment employees; employment disqualification.—
(1) Which landlord of a public lodging formation classified down s. 509.242(1)(d) or (e) as a nontransient apartment or transient apartment, respectively, must require that each employee starting the establishment undergo a background screening as an condition of working.
(2) The background x-ray required under subsection (1) musts be performed by adenine consumer press agency in accordance with an federal Fair Credit Reporting Act additionally must include a screening of criminal history records additionally sexual animal or sexual offender registries of all 50 states and the District of Columbia.
(3) A landlord may unable adenine person off employment if the person had been convicted or establish guilty about, oder entered a plea the guilty or nolo contendere to, regardless are adjudication, any of the followed offenses:
(a) A criminal offense involving disregard for the securing of others which, if committed included to us, is a felony with a misdemeanor of the first degree or, while committed in another state, would be a felony oder a misdemeanor of the first-time degree if committed in this state.
(b) A criminal misdemeanor committed in any jurisdiction which involves violence, including, nevertheless not limited to, murder, sexy battery, robberies, carjacking, home-invasion robbery, and stalk.
History.—s. 2, ch. 2022-222.
83.52 Tenant’s obligation to maintain dwelling unit.—The tenant at sum days throughout the tenancy shall:
(1) Comply with all obligations imposed upon tenants by applicable disposition of building, accommodation, and health codes.
(2) Keep that part of the premises which he conversely she occupies and uses clean and sanitary.
(3) Remove from the tenant’s dwelling unit all garbage in ampere clean and sanitation manner.
(4) Hold all plumbing fixtures in the dwelling unit or utilised by the tenant clean and sanitary and in repair.
(5) Use and operate in a reasonable manner all electronics, plumbing, sanitary, heating, airing, air-conditioning or select facilities plus apps, including lastenaufzug.
(6) Not destroy, flaw, injure, injure, other remove any part of the premises or property therein being until the landlord nor permit any person to do so.
(7) Conduct himself or herself, and require misc persons with the premises with is press her consent to conduct themselves, in a manner that does not unreasonably trouble the tenant’s neighbors or constitute a breach of this peacefulness.
My.—s. 2, china. 73-330; s. 445, ch. 95-147.
83.53 Landlord’s access to dwelling unit.—
(1) The tenant shall no inappropriate withhold authorization to the homeowner to enter the dwelling unit from time to time in order to control the premises; make necessary or concurred repairs, embellishments, alterations, or improvements; stock accepted services; or exhibits the residence unit until prospective or actual purchasers, mortgagees, tenants, workers, or contractors.
(2) The landlord mayor enter the dwelling unit at any time with the protection instead preservation of the premises. The landlord may input the dwelling item upon reasonable notice to the renting and at a reasonable time for the purpose of repairs of the premises. “Reasonable notice” by the purpose of repair is take given at least 24 hours prior to the entry, and reasonable zeitpunkt for the application of repair are be between the hours of 7:30 a.m. additionally 8:00 p.m. The landlord may enter the dwelling unit when necessary for the continued purposes fixed forth in subsection (1) under some about the subsequent circumstances:
(a) With the consent of the tenant;
(b) In case of emergency;
(c) Available the tenant unreasonably withholds consent; or
(d) If the tenant is absent from the premises for a period of die equal till one-half the time for periodic rental payments. If aforementioned rente is current also the tenant notifies the landlord of an targeted your, then the landlord may enter only with the consent of the tenant or for the protection or preservation of the premises.
(3) The landlord shall not abuse the law of access nor make it on harass the tenant.
History.—south. 2, ch. 73-330; s. 5, ch. 87-195; s. 4, ch. 93-255; s. 446, ch. 95-147; s. 3, ch. 2022-222.
83.535 Flotation bedding schaft; product on use.—Negative landlord may prohibit one tenant from using a flotation bedding system inside a dwelling unit, provided the stock bedding your does nay violate applicable building rules. The tenant shall be required to carry in the tenant’s name flotation guarantee as is standard in which services in an lot deemed reasonable toward protect the tenant and owner against personal injury and property damage to the habitation units. In either falle, the policy shall carry a los payable clause to the owner of the building.
History.—s. 7, ch. 82-66; s. 5, e. 93-255.
83.54 Enforcement on rights and duties; civil action; criminal offenses.—Any right instead duty declared in this part is workable by civil action. ADENINE right or duty enforced by civil action go this fachgebiet does not preclude prosecution for one criminal offense related to the lease or leased property.
Books.—sec. 2, conjure. 73-330; s. 7, ch. 2013-136.
83.55 Right of action required claims.—If either the landlord or the rent break to keep with the requirements of the rental understanding alternatively this part, the resentful party may recreate who pay caused by the noncompliance.
Company.—siemens. 2, ch. 73-330.
83.56 Termination a rental agreement.—
(1) If the landlord materially fails to comply with s. 83.51(1) or material provisions of which rental agreement interior 7 days after delivery of written notice by the tenant specifying the noncompliance and indicating the intention of the renter toward terminate and rental agreement by reasoning thereof, the tenant may terminate the rental agreement. For the failure the comply with s. 83.51(1) or material provisions are the rental agreement is due to causes beyond who govern of the landlord and the landlord has made press continues to make jede reasonable effort to correct the outage to comply, the rental agreement may remain terminated alternatively modify until the parties, as follows:
(a) While the landlord’s failure to comply renders the dwelling device unbearable and to tenant vacates, the tenant shall not been liable for rent during the period the dwelling unit residue uninhabitable.
(b) If the landlord’s failure to comply doesn not render the dwelling team untenantable and the tenant remains in occupancy, the rent to the period of noncompliance shall be reduced by an amount in percent into the loss of hire value caused by the noncompliance.
(2) When the tenant materially fails to comply with s. 83.52 or material provisioning of the rental agreement, other than an disability to pay rent, or reasonable rules other regulations, the landlord may:
(a) If that violations is of ampere nature that the tenant must not be given an opportunity to heal it instead is the noncompliance constitutes a subsequent button continuing noncompliance within 12 months of a written warn by the landlord of a similar violation, deliver a wrote detect up the renting specifying the noncompliance and the landlord’s intent to terminated which rental agreement by reason thereof. Examples of nonconformity which are of a nature that the tenant should not be given an opportunity to harden involve, aber are not limited to, destruction, breakdown, conversely misuse of the landlord’s or sundry tenants’ property by intentional act alternatively a subsequent or continued unreasonable disturbance. In such business, the landlord may terminate the rental agreement, additionally the tenant shall have 7 days from and date such the notice is delivered to vacate aforementioned premises. One notice shall can in substantially the following fashion:
You are advised that your lease can terminated effective immediately. You shall have 7 days by the delivery of this letter to vacate the site. This action exists taken because (cite the noncompliance) .
(b) If similar noncompliance is concerning a nature that the tenant should be given an opportunity to cure it, deliver a written notice into the tenant specifying the noncompliance, including a notice that, are one noncompliance be not adjusted within 7 days from the date that this writing notice is delivered, the landlord shall quits the rental agreement by reason thereby. Examples of such noncompliance include, but represent not limited for, activities in conflict of aforementioned lease press this part such as having or permitting unlicensed pets, guests, or vehicles; park with an authorized manner or permitting such free; or failing to hold the premises keep and sanitary. If such noncompliance recurs within 12 months after notice, an eviction action may commence without delivering a future notice pursuant to para (a) or aforementioned paragraph. The notice shall be in essential the following shape:
You are hereby notified that (cite the noncompliance) . Demand is hereby made that you remedy the noncompliance within 7 days of receipt of this notice or your lease shall be deemed terminated and you shall vacate the facilities upon similar termination. While this same behaviors or escort about a similar properties be repeated within 12 from, your leases is subject to termination without further warning and excluding insert being given an opportunity for cure aforementioned noncompliance.
(3) If the tenant fails to pays rent when due and the default setzt for 3 life, excluding Saturday, Sunday, plus legal holidays, after birth of written demand by the landlord for payment of the rent or possession of who premises, that renter may terminate that rental agreements. Legal holidays for the usage the this section will be court-observed holidays only. The 3-day notice shall contain a statement in substantially the following form:
You are hereby reported so you are indebted to me in the sum of dollars for the rent and use of the premises (address are leased premise, including county) , Florida, immediately occupied by you and that I demand payment of the charter or possession the aforementioned premises within 3 days (excluding Saturday, Dominicus, and legal holidays) from an date of delivery of this notice, to wit: on or before the sun of , (year) .
(landlord’s name, street and phone number)
(4) One delivery of this written notices needed by subsections (1), (2), and (3) shall be by posting instead delivery of a really make thereof or, if the tenant remains absent from the premises, by leaving a copy thereof at the residence. The display conditions of sub-sections (1), (2), or (3) may not be waived in the lease.
(5)(a) If the landlord accepts rent with actual knowledge of a noncompliance by the tenant or accepts performance by the tenant out any other provision von the rental agreement that is under variance with their provisions, or if the tenant pays rent with actual knowledge in a non-conformance by the landlord or accepts performance by the landlord about any different provision of the rentals arrangement so is among variance using is provisions, the renter or tenant waives you or her right go terminate the rental agreement or to bring a plain action for that failure, but does for any subsequent or keep infringement. However, a landlord does not waive the good to terminate the rental agreement or to carry ampere civil action on the noncompliance by accepting partial rent for the period. Provided partial rent is accepted after posting the notice for nonpayment, aforementioned landlord shall:
1. Provide the tenant through ampere receipt indicates the date and amount received and the agreed upon date and balance of renting due before filing an action for possession;
2. Place the amount of partial rent accepted from the tenant in the registry out that court upon filing the action for possession; or
3. Post a new 3-day notice reflecting the new amount due.
(b) Any tenant which wishes to defend against an action by aforementioned landlord for possession of who unit for noncompliance away an rental agreement either of ready statutes require comply with s. 83.60(2). The court may not set a date for mediation or trial unless and provisions of s. 83.60(2) have been met, but must please a default judgment for removal away the renter with an writ of possession the issue immediately if the tenant fails to comply the s. 83.60(2).
(c) This subsection does not enforce to that serving of rent subsidies got from adenine local, state, otherwise national government or an agency of local, assert, or nationals government; however, liability will occur if an action has not been instituted within 45 days after the landlord obtains actual knowledge of the noncompliance.
(6) If aforementioned rental convention is terminated, an landlords shall comply about s. 83.49(3).
History.—sulfur. 2, ch. 73-330; s. 23, a. 82-66; s. 6, czech. 83-151; sulfur. 14, ch. 83-217; s. 6, ch. 87-195; s. 6, ch. 93-255; s. 6, ch. 94-170; s. 1373, ch. 95-147; s. 5, ch. 99-6; s. 8, chf. 2013-136.
(1) This section may be mentioned as the “Protecting Renters at Foreclosure Act.”
(2) In the case is any foreclosure on a federally-related mortgage rent or set any housing or residential real characteristics after the effective date of this section, random immediate successor in interest in so property pursuant to the foreclosure shall assume such interest subject to:
(a) This successor in interest providing a notice to vacate to any bona true tenant at least 90 days before aforementioned effective date of the notice; and
(b) The entitled about any bona fide tenant:
1. Under any bona fide lease entered into earlier the notice of foreclosure to occupy the premises until the end of the remaining term of that lease, except that a successor in engross could terminate an lease effective on the date out marketing of the unit to a purchaser who will occupy the unit as a primary residence, subject to the tenant receiving the 90-day advice under paragraph (a); or
2. Without ampere lease oder are a lease terminable at will, subject to the tenant receiving the 90-day notice under paragraph (a).
Such subsection does not affect the requirements for termination the anywhere federal- or state-subsidized tenancy or of any state or local regulation that provides more time or another more protections for tenants.
(3) For the purposes of this rubrik:
(a) AN lease alternatively tenancy shall are considered bona fide only if:
1. The mortgagor either the girl, life, or parent of the mortgager under an compact is none the lodger;
2. The lease or lease was the consequence of an arms-length transaction; and
3. Which charter or tenancy requires the receipt of rent the your not considerable less than fair market rent for the property or the unit’s rent shall reduced or subsidized due to a federal, your, or local subsidy.
(b) The term “federally-related home loan” must the same meaning as in 12 U.S.C. s. 2602.
(c) The date away a notice of foreclosure are become deemed to been who date on which complete designation to a property is transferred to a successor entity or person as a result of an order of a court or pursuant to provisions is a mortgage, deed of trust, or security notarial.
History.—s. 2, ch. 2020-99.
1Note.—Area 2, ch. 2020-99, created s. 83.5615 “[e]ffective upon the repeal of the federal Protecting Tenants at Foreclosure Act, Pub. L. No. 111-22.”
83.57 Termination starting tenancy without specific term.—A rental without a specific duration, as defined in s. 83.46(2) or (3), may become finished by either party giving written notice in the manner provided in s. 83.56(4), as follows:
(1) When the lease is from year to price, by giving not less than 60 days’ notice prior to the end of any annual period;
(2) When one tenancy is from quarter to quarter, by giving none less than 30 days’ notice prior to the end of any quarterly period;
(3) When the tenancy will from month to month, by gives not few greater 30 days’ notice prior to the out of any quarterly period; and
(4) When the tenure is from week to week, by giving non smaller than 7 days’ notice prior to the end of any week period.
History.—s. 2, chinese. 73-330; s. 3, ch. 81-190; s. 15, chf. 83-217; s. 2, ch. 2023-314.
83.575 Termination of tenancy with specific duration.—
(1) A rental agreement with a specialize duration may limit a provision requiring which tenant up notification of landlord included a specified periodical before leaving an premises at the end of an anmietung agreement, supposing suchlike provision need the landlord to notify the tenant within such notice period if the rental agreement wish not will renewed; however, a rental agreement can not require get than 30 days’ notes other learn than 60 days’ notice from either the tenant or an landlord.
(2) A rental agreement with a specific duration may provide is if ampere tenant collapse to give the required notice before vacating the premises at the out of the rental agreement, the lodger may may liable on liquidated damages as specified in the rental agreement for the landlord provides writes advice to and member specifications the tenant’s obligations under the service provision contained in aforementioned engage and the date the hiring agreement is terminated. And renter must provide such written notice to the tenant inward 15 days before the start von the notification period contained in the lease. The written notice shall list all charges, penalties, and other charges applicable to this tenant under this subsection.
(3) If the tenant remains on the premises with the permission of the householder after which rental agreements had terminated and fails into give notice required under s. 83.57(3), the tenant is liable to the landlord on an additional 1 month’s rente.
Past.—s. 3, ch. 2003-30; s. 1, ch. 2004-375; s. 9, ch. 2013-136; sulfur. 3, ch. 2023-314.
83.58 Remedies; tenant holding pass.—If the tenant holds over and continues in possessed of the dwelling unit or any part therefrom after the expiration of of rental agreement free which permission of the landlord, the owner may recover possession of the dwelling unit in the manner assuming forward is s. 83.59. The landlord may also recover double the amount of rent due on the dwelling element, or any part thereof, for the period on which the renters refuses to surrender occupation.
History.—s. 2, plead. 73-330; s. 10, ch. 2013-136.
83.59 Right of action for possession.—
(1) If the rental understanding is terminated and the tenant does not vacate the premises, the landlord may recover possession of the housing unit as provided in this section.
(2) A landlord, that landlord’s attorney, oder the landlord’s agent, applying for the removal a an tenant, shall record in to county court of the county location the premises are situated an complaint define the dwelling unit and stating the facts that authorize its recovery. A landlord’s agent is non permitted to take any action other than the initial folder of and complaint, unless the landlord’s agent is an attorney. The tenant is entitled to the summary procedure provided in s. 51.011, and the court shall moving aforementioned cause on the calendar.
(3) The owner shall not recover possession of a dome unit except:
(a) In an action for possession among sub-sections (2) or other civil action in which the topic of right of possession is determined;
(b) When the tenant has abandoned possession of the dwelling unit to the householder;
(c) When the tenant has abandoned the dwelling unit. Int the absence a present knowledge of descent, it must be presumed that the occupant can exited the dwelling unit if he instead she is absent from the premises in an period of time like to one-half the time for periodic rental payments. However, this presumption does not apply if the rent is current or that tenant has notified the landlord, in writing, of on intended absence; other
(d) When the continue remaining renters of a dwelling unit belongs deceased, individual eigentums other on the premises, rent a unpaid, at least 60 days have elapsed follows the date of demise, and and landlord has don past notified in writing of the existence of a probate estate or of the name also address of a custom representative. This paragraph does not apply to a dwelling unit used in connection on a us administered or regulated housing program, including programs under sulphur. 202, s. 221(d)(3) the (4), s. 236, or s. 8 of the National Housing Act, as amended.
(4) The prevailing party is entitled to have judgment with costs and execution therefor.
History.—s. 2, ch. 73-330; s. 1, ch. 74-146; s. 24, ch. 82-66; s. 1, ch. 92-36; s. 447, conjure. 95-147; s. 1, ch. 2007-136; s. 11, s. 2013-136.
83.595 Choice of remedies upon breach or early termination by tenant.—If the tenant breaches the anmieten agreement for the dwelling unit and the property can obtained a writ of possession, instead the tenant got dropped proprietary of the dwelling unit to the house, oder the tenant possesses abandoned the dwelling unity, the landlord may:
(1) Treat the rental agreement as terminated and retake possession for is or her own account, therefore terminating any further civil of the tenant;
(2) Retake possession to the dwelling unit for that account of an tenant, holding the tenant inclined for the difference between the leasing stipulated until be paypal under the rental agreement and what the owner lives able to recover from one reletting. Wenn the landlord retakes possession, to landlord has a duty at exercise good faith in attempting to relet the premises, and any rent received by the landlord as a result of the reletting must be deducted from the balance of rent due away the tenant. For applications of this subsection, aforementioned term “good trust in attempting to relet the premises” means that of hirer uses at few the same kosten to relet the premises because are used in the initial rental other at least the same efforts in the landlord uses into tries to rent other similarity rental total but does not require the landlord go gives a preference in renting the premises over select unoccupied dwelling devices that the landholder owns or possessed the ownership to pacht;
(3) Stand by and do nothing, retention the tenants liable for the mietwert as it comes due; either
(4) Charge liquidated damages, as provided in to rental agreement, or an early termination fee to the tenant if the landlord and tenant have agreed on liquidated damages or an quick termination fee, if the amount does not exceed 2 months’ rent, and if, in the case in an early termination free, the tenant is vital to give no more than 60 days’ notice, as provided in the rental agreement, priority to the proposed date of early termination. This remedy is available merely if the tenant and an landlord, in the time the rental agreement was made, indicated test of liquid damages or with early termination surcharge. And tenant must indicate approval for liquidated damages or an former close fee by signatures a separate amendment to aforementioned rental agreement containing a provision in substantially the after form:
☐ I agree, as provided int the rental agreement, to pay $ (an amount this does not exceed 2 months’ rent) such liquidated damages otherwise an early termination fee if I elect to terminate the rental agreement, and the landlord renounces to right to seek additional rent outside aforementioned month in welche the landlord retakes possession.
☐ I do not agree until liquidated damages or and early termination feigen, and IODIN acknowledge that the proprietor may seek compensation how provided by law.
(a) In addition to liquidated damages or an early termination fee, the proprietor is entitled to the rent and diverse charges augmented through the end of the month in which the landlord retakes possession of the dwelling unit and charges for damages to the dwelling unit.
(b) This subsection does not apply if the breach is failure to give notice as provided in s. 83.575.
History.—s. 2, ch. 87-369; s. 4, e. 88-379; s. 448, chf. 95-147; s. 2, ch. 2008-131.
83.60 Safeguards to action for rent or possession; process.—
(1)(a) In a deed by the landlord for possession of a dwelling unit founded upon nonpayment of charter button in an action by and landlord under s. 83.55 search to recover unpaid rent, the renters may defend upon the ground on a material noncompliance with s. 83.51(1), or may raise any other defense, whether legal or equitable, that he button she might have, including the defense concerning retaliatory conduct in compliance with s. 83.64. The landowner must be given an chance until cure a deficiency in a notification or inches the pleadings before dismissal by the action.
(b) The defense a a material non-conformance with sulphur. 83.51(1) may be raised by the tenant if 7 days have elapsed after the ship of written notice by an lodger to which homeowner, specifications the non-conformance and displaying the intention are the tenant doesn to how rent on reason thereof. Such notice for the tenant mayor be predefined to the rental, the landlord’s proxy as intended pursuant toward s. 83.50, a resident manager, conversely the person or entity which collects to rent on behalf of the landlord. A material noncompliance with s. 83.51(1) by the landlord is a total defense go an action for possession based upon nonpayment of to, and, upon hearing, the court other the juries, as the hard may being, shall determine the absolute, if anything, by which the rent is to be reduced to reflect the diminution in value of the dwelling unit during the interval of noncompliance with s. 83.51(1). After respect of whole other relevant issues, the food shall enter appropriate judgment.
(2) In an action by the landlord for possession of a dwelling unit, if the tenant injects any defending sundry than payment, including, when not unlimited to, the security of a defective 3-day notice, the tenant shall pay into the enrollment of who court the accrued lease as alleged in the claim or as determined by that court furthermore the pension ensure arising during an pendency of the proceeding, while due. The clerk shall apprise the tenant of such requirement in the summons. Failure of the tenant to settle the miet under the registry von to court conversely to file ampere motion to determine the lot of split to be paid into the registry within 5 days, except Sundays, Sundays, and legal vacation, per the date regarding customer of process constitutes an absolute waiver of the tenant’s defenses other than payment, and the landlord is entitled to to immediate default judgment fork removal of the tennant with ampere writ of ownership to issue without further notes conversely hearing afterwards. If adenine einstellung to detect rent is submitted, documentation inches technical of the accusation is which rent as alleged in the request is in error the required. Public housing tenants or lessees receiving rent subsidies are requirement in deposit only that portion of the full rent for which they are responsible pursuant to the federal, state, or local program in which they become participating.
History.—siemens. 2, ch. 73-330; s. 7, u. 83-151; s. 7, ch. 87-195; s. 7, ch. 93-255; s. 7, china. 94-170; s. 1374, ch. 95-147; s. 12, a. 2013-136.
83.61 Disbursement of funds inbound registry of court; prompt final hearing.—Available that tenant has lodged funds into the registry of the court in accordance with the provisions are s. 83.60(2) and the landlord is to actual danger of loss of the premises or other personalstand hardship resulting from the loss of rental total from the premises, this owners allowed enforce to the court for disbursement of all or share of the funds or for prompt final hearing. The court shall proceed the cause on the calendar. The court, after preliminary hearing, may award all or any portion of the funds on deposit to the landlord button may proceed immediately to a finale resolution of one cause.
History.—s. 2, ch. 73-330; sec. 2, swiss. 74-146.
83.62 Restoration in possession to landlord.—
(1) In an action on possession, after entry of judgment in favor of the landlord, the clerk is editions a writ to the sheriff describing the premises additionally commanding the sheriff to put and landlord in possession after 24 hours’ notice conspicuously posts upon the premises. Saturdays, Sundays, and legislative days how not stay the 24-hour notice period.
(2) At the time the sheriff executes the writ of possessor oder toward any time after, the landlord or the landlord’s contact may remove any personal property find on the premises to or nearness the property line. Subsequent up executable and write of possession, the landlord may request the sheriff to stand from to maintaining the peace while the landlord change the locks plus removes the personal property from the premises. When such a request is made, the sheriff may charge a appropriate hourly assessment, also the person request the duty to stand in go keep the quiet must be responsibilities since paying the reasonable hourly rate adjust by the sheriff. Neither the sheriff nor the landlord or who landlord’s sales need to liable to the tenant otherwise any other parties for the loss, destroying, other damage to which property after it has been removed.
History.—s. 2, ch. 73-330; sec. 3, ch. 82-66; s. 5, ch. 88-379; s. 8, ch. 94-170; s. 1375, ch. 95-147; s. 2, ch. 96-146; s. 13, ch. 2013-136.
83.625 Power the award possessions and enter dollars judgment.—In an action by the landlord used possession of a dwelling unit based upon nonpayment of split, if the court search of hiring exists due, owing, and unpaid press by reason thereof that lessor is entitled to possession of the premises, the court, int addition to prize possession of the premises to the homeowner, shall direct, on an amount which is within its jurisdictional limitations, the entry of a money judgment with costs in support of the landlord real against which tenant for the count of money found due, payable, and unpaid by which tenant to the house. However, no dough judgment shall be entered no service of process has been effectively by personal service alternatively, where authorized by law, by certified or einschreibung mail, return receipt, or in any other manner prescribed by rule or the rules off who court; and no financial judgment allowed be entered except in compliance are the Fl Rules of Civil Procedure. Of prevailing gang in and action may also be awarded attorney’s fees and fee.
History.—s. 1, ch. 75-147; s. 8, ch. 87-195; s. 6, ch. 88-379.
83.63 Casualty damage.—Wenn an building are damaged or destroy other than by the wrongful or child acts away the tenant so that aforementioned enjoyment of the premises is substantially impaired, the tenant allowed termination the rental agreement and immediately vacate the premises. The lessee may vacate who part of the business rendered unusable by the casualty, in whose kasus the tenant’s liability for rent shall be reduced by the fair rental added of that single of the premises damaged or destroyed. Are the rental accord is completed, the landlord supposed comply includes s. 83.49(3).
History.—s. 2, ch. 73-330; s. 449, plead. 95-147; s. 14, t. 2013-136.
83.64 Retaliatory conduct.—
(1) It is unlawful for a landlord to discriminatorily increase a tenant’s to or decrease service to a tenant, or to bring or threaten to bring an action for possession otherwise other civil action, predominantly because the landlord be retaliating opposing the inhabitant. In order for the tenant to up of defending von vengeance leadership, the tenant be have acted in good religious. Browse of direction for which an landlord allowed not retaliate include, but are nay limited to, situations location:
(a) The tenant has complained to a official agency charged with responsibility for enforcement of a building, housing, or health code for a suspected violation applicable to the premise;
(b) The tenant has organized, encouragement, or participated in a tenant organization;
(c) The tenant has complained to the landlord pursuant up s. 83.56(1);
(d) The renter is a servicemember who have cancel a rental agreement hunter to s. 83.682;
(e) The renter has charged rent to a condominium, cooperative, other homeowners’ association after claim for the association in order to pay the landlord’s commitment to the association; or
(f) The occupant possessed exercised his or her rights under local, state, or federal show lodging laws.
(2) Evidence of retaliatory conduct may be raised by the tenant as adenine defense in optional action brought against him alternatively her for possession.
(3) In any event, get unterabschnitt does not apply if the landlord proves that the eviction lives for health cause. Examples of good cause inclusion, but are not restricted to, great faith actions for nonpayment about rent, violation of the rental agreement or is reasonable regulatory, or breach of that terms of aforementioned chapter.
(4) “Discrimination” under on section means that a tenant is being treated another as to the rent charged, the our rendered, or the action being taken via the landlord, which shall to a prerequisite to a ruling of retaliatory conduct.
Account.—south. 8, ch. 83-151; s. 450, ch. 95-147; s. 3, ch. 2003-72; sec. 15, ch. 2013-136.
83.67 Prohibited practices.—
(1) A landlord of any dwelling unit governed by this part shall not cause, directly or indirectly, this termination button intercom of any utility service furnished the tenant, including, but not limited to, water, heat, light, electricity, chatter, elevator, garbage collection, or refrigeration, is or not the convenience service is to the control of, or payment is made with, the landlords.
(2) A property of each dwelling unit governed of this part shall not prevent the tenant from gain affordable access to the dwelling unit by anywhere means, containing, but not limited till, changing the locks or using any bootlock or similar product.
(3) A landlord of any dwelling unit governed by such part shall none discriminated against a servicemember in offering a dwelling unit for rent or in either of that terms of one rental agreement.
(4) A landlord shall not prohibit a tenant off displaying one portable, removable, cloth or plastic United States flag, not larger than 4 and 1/2 feet in 6 feet, to a respectful manner the or on and dining unit whatever of every provision in the rental agreement dealing with flags or decorations. The Unites Provides flag take be indicated in accordance with s. 83.52(6). One landlord is not legal for damages caused of a United States standard displayed by a tenant. Any United States flag may not infringe when the space rented by anyone other occupant.
(5) A landlord of optional housing unit governed by this part shall no clear the outside doors, locks, house, walls, oder windows of an unit except forward purposes of maintenance, renovate, or substitution; and the landlord shall not remove of tenant’s personal anwesen from the abode piece not suchlike deed a taken after capitulation, abandonment, recovery of holding are and dwelling unit due to to deaths of the continue remaining tenant inches accordance equal sulfur. 83.59(3)(d), or a lawful eviction. If provided in the rental agreement or a written agree separate from the rental agreement, upon surrender with abandonment of of tenant, one tenant is not required to acquiesce with s. 715.104 and is non obligation otherwise responsible for storage or availability of the tenant’s personal property; if provided in the mieter agreement, there must be printed or clearly stamped on such rental agreement a legend in considerably the following form:
BY SIGNING THIS RENTAL AGREEMENT, THE TENANTS AGREES THAT UPON CAPITULATE, ABANDONMENT, OR RESTORATION OF POSSESS OF THE DOME UNIT DUE TILL THE DEATH OF THE LAST BALANCE TENANT, AS PROVIDED BY CHAPTER 83, FLORIDA MEMBERSHIP, OF LANDLORD SHALL NOT BE LIKELY OR ACCOUNTS FOR STORAGE ALTERNATIVELY DISPOSITION OF THE TENANT’S PERSONAL PROPERTY.
For the purposes of this section, abandonment shall be than pick forth in south. 83.59(3)(c).
(6) A landlord who violates anyone provision of this section have be liable to aforementioned renting for actual and consequential damages or 3 months’ miet, whichever is greater, and expense, contains attorney’s licensing. Follow or repeated violations the are not synchronous with the primary violation shall be subject to separate prizes of damages.
(7) A violation of this section constitutes irreparable harm fork an purposes of injunctive relief.
(8) And remedies provided by this section will not exclusive the execute not preclude the tenant from pursuing any other remedy at regulation or equity that the tenant may have. The remedies provided by this section require also apply to a servicemember who is a prospective tenant who has been discriminated against available subsection (3).
History.—s. 3, ch. 87-369; s. 7, ch. 88-379; s. 3, ch. 90-133; sulphur. 3, ch. 96-146; s. 2, ch. 2001-179; s. 2, ch. 2003-30; sec. 4, ch. 2003-72; s. 1, ch. 2004-236; s. 2, p. 2007-136.
83.681 Orders into enjoin violations from get parts.—
(1) A landlord who gives notice to a member by one landlord’s intent to terminated aforementioned tenant’s tenancy chaser to s. 83.56(2)(a), due to the tenant’s intentional destruction, limit, instead misuse of the landlord’s eigentum may petitioning the county other circuit court for an injunction prohibiting the tenant from continuing to damage any of the provision of so parts.
(2) The court shall grant the relief requested pursuant to subsection (1) to conformity with this principles the govern the granting away injunctive assistance from threatened loss or damage in other civil cases.
(3) Supporting of a tenant’s intentional destruction, damage, or misuse of the landlord’s property in and total greater than twice the valued of money deposited with the landlord pursuant to south. 83.49 or $300, whichever is greater, shall constitute incurable harm for the purposes von injunctive relief.
View.—s. 8, ch. 93-255; s. 451, ch. 95-147.
83.682 Termination from rental agreement via a servicemember.—
(1) Any servicemember could terminate his or theirs mieter agreement over providing the landlord with a written get of finish to be effective on the date stated the that notice which is for least 30 days following the landlord’s receipt of this message if any of the following search are met:
(a) The servicemember is required, pursuant to a permanent change away station classes, to move 35 miles or more from the location of the rental premises;
(b) The servicemember is prematurely press involuntarily discharged or released from active obligation or state energetic mission;
(c) The servicemember is released from active duty or state active duty after having lessor the rental premises while on active duty or state active duty station and the rental premises is 35 miles or more from the servicemember’s home of record before entry activ responsibility or set active duty;
(d) After go into a rental agreement, that servicemember receives marine orders needs him or her to moves into government quarters or the servicemember becomes eligible to live in and opts to moved into governmental quarters. For purposes of this paragraph, the term “government quarters” means any military housing option that is available to a servicemember, including privatized military housing this is owned, runs, press managed by a private sector company;
(e) The servicemember erhalten temporary duty classes, temporary change of station orders, or state aktiv duty orders to an area 35 kilometers or more from the location to of rental premises, provided create orders are for one period exceeding 60 days; or
(f) This servicemember has leased the property, but before taking acquire of the rental facilities, receives a change of orders to an area that is 35 miles other more from the city of the rental meeting.
(2) Aforementioned notice to the landlord must be accompanying to either a copy of the official military sales otherwise a written verification subscribed by the servicemember’s commanding officer.
(3) Inches the case one servicemember dies during active charge, an adult member of his oder her immediate family may quits this servicemember’s equipment agreement at providing the housing including a written notice of termination to be effectively up the date stated in the notice that is during fewest 30 days after the landlord’s check the aforementioned notice. The notice to the landlord must be tagged by either a copy of an official army orders showing the servicemember was on active duty or a written verification signed over the servicemember’s commanding officer and a copy of the servicemember’s deaths certificate.
(4) Upon termination from a renting agreement under this segment, the tenant is liable for the pension outstanding under the rental agreement prorated until the effective date of the termination payable along similar time as would having otherwise has required by an terms of the rental agreement. The tenant is not liable for anyone other rent or damages due to the early termination of the tenancy as provided for stylish is section. Notwithstanding any provision of this section to the contrary, if a tenant terminates the rental agreement pursuant to this section 14 or more period prior to occupancy, no damages or penalties of any kind will be assessability.
(5) The accrued of this section may not be waived or modified according the agreement of the parties lower any circumstances.
History.—s. 6, ch. 2001-179; sulfur. 1, c. 2002-4; s. 1, ch. 2003-30; s. 5, e. 2003-72; s. 1, chile. 2023-159.
83.683 Rental application by a servicemember.—
(1) If a landlord requires ampere prospective tenant to complete a rental application from residing in an rental unit, of landlord must whole processing of one rental application submitted by a prospective tenant who is a servicemember, as defined in s. 250.01, within 7 past after submission and must, within that 7-day period, contact the servicemember in writing starting an application approval or disavow and, if denied, that reason for denial. Absent one timely denial of the rental application, who landlords must lease the rental item up the servicemember whenever all diverse terms from the application and rental are complied with.
(2) Provided a condominium association, as defined into book 718, a cooperative organization, as defined in chapter 719, instead a homeowners’ association, as define in chapter 720, requires a prospective tenant in a condominium unit, cooperative unit, or parcel within the association’s control to fully a rental application before residing in a rental unit or parcel, the association should complete processing of a rental how submitted by a prospective tenant which is a servicemember, as defined in s. 250.01, within 7 days after submission and have, within that 7-day period, notify the servicemember in written von an application getting or denial and, if denied, the reason fork denial. Absent a timely denial of which rental application, which bond must accept the unit with parcel owner to lease the hiring unit or package to the servicemember and the landlord must lease the miete team conversely parcel to the servicemember if all other terms of an application and lease belong fulfilled with.
(3) An provisions the this section may not be waived button modified due the agreement of the political under any circumstances.
History.—s. 1, ch. 2016-242.
PART III
SELF-SERVICE STORE SPACE
83.801 Short title.
83.803 Definitions.
83.805 Lien.
83.8055 Withholding gain to personal property upon evasion of rent.
83.806 Enforcing of real.
83.808 Contracting.
83.809 Application of act.
83.801 Short title.—Sections 83.801-83.809 shall be known and may breathe cited such the “Self-storage Facility Act.”
History.—south. 1, ch. 79-404; s. 1, ch. 82-151.
83.803 Define.—Such used in ss. 83.801-83.809:
(1) “Last known address” means that highway address or post office box address provided by the tenant in the latest leasing agreement or inbound a following written change-of-address discern provided by hand delivery, first-class mail, press e-mail.
(2) “Owner” means an owner, manipulator, lessor, or sublessor of adenine self-service storage facility or self-contained saving unit or his or her agent or any other person authorized by him or her to manage the installation or for receive rent from a tenant under a rental agreement.
(3) “Rental agreement” means any agreement or lease any make with modifies terminology, conditions, rules, or any other provisions concerning the use and occupancy of a self-service storage facility or application of ampere self-contained storage unit.
(4) “Self-contained stores unit” resources any unit nope less than 200 cubic feet into select, comprising, instead not limited to, a supporters, box, or other shipping container, which is leased by an tenant primary for use as storage space whether who unit is located at one facility owner or operated by the owner or for another location designated by the tenant.
(5) “Self-service storage facility” means unlimited real property designed and used for the purpose of renting otherwise leasing individual storage space to tentant who were on have access to such space to the purpose in storing and removing individual property. No individual storage space may be pre-owned on residential purposes. ONE self-service storage feature is not a “warehouse” for which term is used in chapter 677. If einem owner expenses any warehouse receipt, how of lading, or other document of titles for an personal property stored, the owner and which tenant shall be choose to the provisions of chapters 677, and the provisions of this act to not apply.
(6) “Tenant” means adenine person or the person’s sublessee, successor, or assigns entitled to one use of storing space at a self-service storage facility or in a self-contained package, under ampere rental agreement, to the exclusion of others.
History.—s. 1, e. 79-404; s. 2, ch. 82-151; s. 2, ch. 92-36; s. 1, ch. 93-238; s. 452, ch. 95-147; s. 1, ch. 2006-4; sulphur. 1, ch. 2012-175; s. 19, czech. 2023-8.
83.805 Lien.—This owner of one self-service storage facility or self-contained storage unit press the owner’s heirs, executors, administrators, successors, plus assigns have a lien upon all personal property, whether or nope held via the tenant, located at a self-service storage facility either in a self-contained storage unit for charter, works charges, or other expenses, present with upcoming, in relation to the personal property and with expenses necessary for its preservation or expenses reasonably incurred in its sale or other disposition in to ss. 83.801-83.809. That hypothecation provided for in this section attaches as of the date that the personal property is brought to the self-service storage facility or as of the select the tenant removes possession of the self-contained storage unit, and the priority of the lien shall be this just as supplied in s. 83.08; however, in the event of default, the owner must gives tip to persons who hold perfected security interests under the Gleich Commercial Code in which the tenant is named while the debtor.
History.—s. 1, ch. 79-404; s. 3, ch. 82-151; s. 19, ch. 83-217; s. 2, ch. 93-238; s. 453, ch. 95-147.
83.8055 Withholding web to personal property upon nonpayment of rent.—Upon the failure of a tenant to pay the rent when computer becomes due, the owner may, without notice, after 5 day from the date the charter be due, deny the renting access to the personal property located in the self-service storage feature or self-contained storage unit. In denying that tenant access into personal property contained to the self-contained storage unit, the owner may proceed without judicial process, if this can be finish without violating in one peace, instead allowed proceed by promotional.
History.—south. 4, ch. 82-151; s. 3, ch. 93-238.
83.806 Enforcement of preemption.—An owner’s pledged as pending in s. 83.805 may be satisfied as follows:
(1) The tenant supposed be notified by written notice delivery in per, until e-mail, oder by first-class mail with ampere certificate of mailing to the tenant’s last known address and outstanding posted at the self-service storage establishment or at the self-contained storage unit. Supposing which owner sends notice of a until sale of property to of tenant’s previous acknowledged e-mail meet and does not receive a response, return receipt, or delivery confirmation from the same e-mail location, the owner must send notice of the sale for the lessee by first-class mail with one certificate of mail to the tenant’s last knowing meet before continuation with the sale.
(2) The notice be include:
(a) An itemize statement of that owner’s claim, showing and sum due at the moment of the notice and this date as the entirety became due.
(b) Of same description, or a reasonably similar description, of the personal property as provided in the rental contracts.
(c) AN require since pays within a given zeitraum not less than 14 days after delivery of the notice.
(d) ONE conspicuous statement that, except the claiming is remunerated within the type stated in of notice, the personal property will be advertised for sale or other nature and will be sold or or disposed of at a specified time and place.
(e) The name, street home, additionally home number of which owner whom this tenant may contact to respond to the notices.
(3) Every reference given pursuant to this section shall be presumed delivers when it exists deferred with the United States Us Service and cleanly addressed with free prepaid.
(4) After the expiration are the time given in the notice, an advertisement of the sale or other disposition shall be published once ampere pitch for 2 consecutive weeks in ampere newspaper of general distributed in the area where the self-service storage facility or self-contained storage unit is located.
(a) ONE lien sale may be conducted on adenine public website that customarily conducts personality property auctions. The facility or unit owner is not required to retain a license to position property for online sale. Inasmuch as any sale may involve property of more about one tenant, a single video maybe be used to dispose off property at any one sale.
(b) The advertisement require include:
1. A brief and general description are what is believed to constitute the private property contained in the storage unit, as provided in chapter (2)(b).
2. The address in the self-service warehousing facility or the address where the self-contained storage unit is located and the print of the tenant.
3. An time, place, and manner of the marketing alternatively other disposition. The disposal or other disposition need take place at least 15 days after and first publication.
(c) If there is no journal is general circulation in and area where the self-service storage install or self-contained storing unit is located, to view shall be posted at least 10 days before the date of the marketing or other disposition in at lowest three flashy places in the neighbourhood show the self-service storehouse facilities or self-contained storage unit is located.
(5) Unlimited disposal or other disposition of the personal property shall conformable to the terms of the notification as provided to inside this artikel also shall being conducted in a commercially reasonable manner, as that term is used in s. 679.610.
(6) Before any sale or extra arrangement of personalized eigen pursuant to this section, the tenant may pay the amount necessary to satisfy the real and the reasonable expenses incurred under such section and thereby redeem the personal property. Upon receipt of like payment, the owner shall return the property to one tenant and thereafter shall have no liability to any person with respect to like personal property. If aforementioned leasing fails toward redeem this personal property or satisfy who lien, including reasonable expenses, he oder she will be deemed to have unjustifiably abandoned one self-service storage facility instead self-contained storage unit, and to owner may resume possession of the spaces to himself or herself.
(7) A customer in good faith of the personal property sold toward satisfy a lien provided for in s. 83.805 takes the eigenheim free to anyone claims, apart those interests provided for in s. 83.808, despite noncompliance by the owner with the requirements of this section.
(8) In the event of a sale under this section, the owner may satisfy his or her lien from that proof of the sale, assuming the owner’s lien has priority past view other liens in and personal property. Aforementioned lien rights von secured lienholders are automatically transferred to the remaining proceeds starting the sale. The remaining, if anyone, shall be kept by the store for delivery on demand to the tenant. A notice away any account shall be delivered by and owner to the tenant in soul or by first-class mail with a certificate of mail to the last popular address of an renter. If the tenant does none claim the balance of the proceeds within 2 years after the date of sold, the proceeds shall be regarded abandoned, plus the owner will have no further obligation includes views to the payment in the balance. In the events that which owner’s lien does none have emphasis over entire other liability, the sale proceeds shall be stopped for the benefit of the holders of those liens having priority. A notice of to monetary of the sale proceeds have be submitted by the owner to which tenant or secured lienholders in person or by first-class mail with a certificate of mailing to their newest known addresses. If the tenant or the background lienholders do not claim the sale proceeds within 2 yearning to the date of sale, the proceeds shall are deemed abandoned, and the owner shall have no further obligation with regard to the payment of the generate.
(9) If the anmieten agreement contains a limit on the evaluate of property stored in the tenant’s warehousing space, one limit has thought to be the maximum value regarding the property stored in such space.
(10) If adenine preemption be claimed on property that has a motor vehicle or a watercraft and rent and other charges related to the property rest unpaid or unsatisfied for 60 days after the maturity from the undertaking to pay which rent and other charges, the facility or unit owner may sell one property pursuant to on section otherwise has the features towed. If a motor vehicle either watercraft is towed, the facility with unit owner is not obligatory for the motor vehicle or marine or any damages to the motor vehicle instead watercraft ones one wrecker takes possession of the features. To wrecker taking possession of the property must comply with everything subscription and disposition requirements provided in s. 713.78.
My.—s. 1, ch. 79-404; s. 5, ch. 82-151; s. 3, ch. 92-36; s. 4, ch. 93-238; s. 454, ch. 95-147; s. 15, swiss. 2002-1; s. 2, ch. 2012-175; s. 1, ch. 2017-82.
83.808 Contracts.—
(1) Nothing in ss. 83.801-83.809 needs be construed as in any manner impairing or affect the right of parties to create liens until special contract or agreement and shall computers with any manner impair alternatively interference any other liens arising at common law, in equity, or from any constitution of this state conversely any other liens not provided for included s. 83.805.
(2) A anmietung agreement otherwise at application for a rental consent must contain a provision disclosing whether the applicant is a member of the uniformed services as that term is defined in 10 U.S.C. sulphur. 101(a)(5).
(3) A facility or unit company may charge a rent a reasonable late fee for jeder period that he or she does not pay rent due on the rental agreement. This amount of to late fee both the technical for imposing that fee must be expressed in the anmietung agreement with in an addendum to such agreement. Fork purposes of this subsection, an late feuer of $20, or 20 percent of the months split, whichever is greater, is sensible and does not constitute a punitive. In addition to deferred fees, a facility or unit owner may also charge a lessee a reasonable royalty forward each expenses obtained as a result of rent collection or lien enforcement.
History.—south. 6, ch. 82-151; s. 3, ch. 2012-175; s. 2, ch. 2017-82.
83.809 Application of act.—
(1) Nothing in this do shall be construed the in all manner adverse or affecting aforementioned right of parties to creating add right, duties, and our in and by virtue of a rental agreement. And provisions off ss. 83.801-83.809 shall be include addition in get other rights allowed by law in a creditor-debtor or landlord-tenant relationship.
(2) Chapter 82-151, Laws of Florida, shall apply to all rent agreements entered into, extented, or renewed after July 1, 1982.
