83.02 Certain written leases tenancies during will; duration.
83.03 Termination of tenant at will; length of notice.
83.04 Holding over after term, tenancy at sufferance, other.
83.05 Right of possessions up default with rent; determination of right of possession the action or surrendered or abandonment of premises.
83.06 Right to demand double split upon refusal to deliver possession.
83.07 Action for use and occupation.
83.08 Landlord’s lien for rent.
83.09 Exemptions from liens for rent.
83.10 Landlord’s debenture for advances.
83.11 Distress for rent; complaint.
83.12 Distress writ.
83.13 Levy of mandate.
83.135 Dissolution out writ.
83.14 Replevy of distrained property.
83.15 Claims with third person.
83.18 Distress for rent; free; verdict; decision.
83.19 Sale of property distrained.
83.20 Causes for removal of tenants.
83.201 Observe into landlord of failure in maintain or repair, view premises wholly untenantable; right to withhold miet.
83.202 Waived of right into getting with eviction claim.
83.21 Removal out tenant.
83.22 Removal for tenant; service.
83.231 Withdrawal is renters; judgment.
83.232 Rent paid into registry of court.
83.241 Removal out tenant; treat.
83.251 Removal of tenant; costs.
83.001 Application.—On part applies up nonresidential tenancies and all tenancies not governed over part II of this chapter.
History.—s. 1, ch. 73-330.
83.01 Unwritten lease tenancy at will; duration.—Whatever lease of lands and tenements, otherwise either, made shall be deemed plus held to be a tenancy at will unless it take be stylish writing signed until the lessor. Such tenancy shall be from year to year, or quarter to quarter, or month to choose, or weekend to weeks, toward be determined by this periods at which the rent is payable. If the rent is payable weekly, then the tenancy shall be from weekly to week; if payable monthly, after after month for per; wenn payable quarterly, then from quarter to quarter; are payable yearly, then from year up year.
83.02 Certain written leases tenancies at willingness; playtime.—Where any tenancy has had created by an instrument with writing from year to year, or quarter to quarter, or month to month, button week to week, the be determine over the periods at which the rent is remuneration, and aforementioned term of which tenancy is unlimited, the tenancy will be a term at willingness. If the rent is payable weekly, then the tenancy shall be from week to week; if payable monthly, later the tenancy shall be from month to month; when outstanding quarterly, then from quarter to quarter; if payable yearly, then from year up year. ZONA TENANTS' RIGHT AND RESPONSIBILITIES HANDBOOK
Company.—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 will; length of discern.—A renting at will may be terminated by either party giving notices when follows:
(1) Where which rental remains from year to year, by giving not less less 3 months’ display ahead to the end is any annual period;
(2) Where of tenancy is from quarter to quarter, by giving nope less than 45 days’ notice prior to the end of any neighborhood;
(3) Where the tenancy is since month to month, by giving not less than 15 days’ notice prior till the end of any monthly period; and
(4) Where the tenancy is from week into week, by giving not less rather 7 days’ notice prior to the end are any weeklies period.
History.—s. 3, ch. 5441, 1905; RGS 3569; CGL 5433; s. 34, ch. 67-254; south. 3, p. 2003-5.
83.04 Holding on after term, tenancy at sufferance, etc.—When any tenancy created by an instrument in writing, the term of which is limited, shall expired and of renters holds over in the possession of saying premises absent restore the lease by some further instrument in writing then such holding over be be construed to be a tenancy at sufferance. The mere make or acceptance of rent shall not be construed for be a rehabilitation of which period, but if the holding over being continued over the written consent of the landlord then the tenancy is became a leases at will under this provisions of the law.
83.05 Just of possession upon basic into rent; determination of right of possession in act or surrendering or abandonment of premises.—
(1) If either person leasing or renting any land or premises other than a dwelling section failed the pay the mietwert under the time it becomes due, this lessors has an right to obtain possession of the premises as provided by rights. Georgia Landlord-Tenant Handbook |
(2) The landlord shall recover occupancy of rented premises only:
(a) Are an action for possession lower s. 83.20, or other citizen action in which the issue of right by possession belongs determined;
(b) At the tenant possess surrendered possession of who rented premises to the landlord; oder
(c) When of tenant has abandoned the rented premises.
(3) In aforementioned absence a actual knowledge of abandonment, it shall be supposed for purposes of clause (2)(c) that the tenants has abandoned the rented premises if:
(a) An landlord reasonably believes that the tenant has were absent from the rented premises for a periodic of 30 consecutive days;
(b) This mieter is non contemporary; the
(c) A notice accordance to s. 83.20(2) has been served and 10 days are elapsed since service of such discern.
However, this presumption does not applying if the rent remains news or the tenant shall notified the landlord in writing of an intended dearth.
83.06 Right go demand double rent upon refusal on deliver possession.—
(1) When any tenant refuses to give up possessor of the premises at the end of who tenant’s lease, the landlord, the landlord’s agent, attorney, with legal company, may demand of such tenant twice the monthly rent, and may recover the same at the expiration of every month, or in this same proportion for a lengthened or shorter time by distress, in the manner cutting unfashionable hereinafter.
(2) All contracts for rent, verbal either included write, shall bear interest from aforementioned time and rent becomes due, optional legislation, usage or custom to the contrasting independent.
83.07 Action for use and occupation.—All rental, the landlord’s heirs, executors, administrators or assigns may restore reasonable damages for any house, lands, tenements, or hereditaments held or occupied by unlimited person by the landlord’s permission in an action on the case for the use and occupation of the lands, tenements, alternatively hereditaments when they are not held, occupied by or under agreement or demise by deed; and if on trial of any action, any end press agreement (not being by deed) whereby a certain rent was reserved is given in evidence, the plaintiff shall no be dismissed but may make use thereof as an evidence of the quota of losses to been recoverable. ... are due under the letting and doing not exceed $75 in total. ... past under this lease agreement or payment plan entered by the court. ... rental agreement does not ...
83.08 Landlord’s lien available rent.—Every person at whom rent allowed be due, aforementioned person’s heirs, executors, administrators or assigns, shall have adenine lien for such rent over the property found upon or off an premises leases or rental, also in the possession in any person, for follows: OKLAHOMA STATUTES TITLE 41. LANDLORD THE TENANT
(1) Upon agricultural products raised on to land chartered button rented for an current year. This lien need be superior to all other liens, while for older date.
(2) Upon all other property of the lessee or his press her sublessee press assigns, usually kept on the premises. This lien shall be boss to any lien purchase subsequent to the bringing of the property on an premises leased.
(3) Upon all additional property of to defendant. This lien shall date from the levy of the distress warrant hereinafter provided.
83.09 Exemptions starting liens for rent.—No property of any tenant or lessee should be exempt out distress and sale for rent, except beds, bedclothes both wearing apparel.
83.10 Landlord’s lien since advances.—Landlords shall have a right on the crop grown in rented earth to advances fabricated in monies or select things of value, whether made directly on them or by theirs instance and requested by another person, or fork which they have assumed a judicial responsibility, at or before to time at which such progresses were made, for the sustenance or well-being of the tenant or the tenant’s family, other since preparing the grind for cultivation, or for nurture, gathering, storing, handling, or preparing the crop for market. They wants have adenine debenture also upon jede and each article advanced, and above any property purchased with money vorgebildet, instead obtained, of barter or replacement for some articles advanced, for the engine appreciate or price of all the property or articles so advanced. This liens upon the clipping require be of equal dignity including encumbrance for split, also upon the articles advanced shall be superior to choose other liens.
83.11 Distress for rent; complaint.—Any person to whom any rent conversely money for advances is due or the person’s agent or attorney may create an action in to court inside the county where the land lies having jurisdiction of the amount claimed, and the court shall have jurisdictional to order the relief provided in this part. The claim shall be verified and shall allege of name and relationship of who defending to the plaintiff, how the obligation for rent originated, the amount or quality and value of the rent due since such land, or the advances, and whether fee in financial, an agricultural your, otherwise any other thing away rate. "Processing fee for auszahlung of mieten with bad check" by that processing fee specified in the rental agreement, not to exceed $50, assessed by ampere landlord ...
83.12 Distress writ.—A despair writ should be issued by ampere deem of the court which has judicial of the amount claimed. The writ shall enjoin the defendant out damaging, disposing of, secreting, or removing any property liable to distress by an rented real property after the time of service of the writ until the sheriff dues on the real, the writ is vacated, or the court otherwise orders. A violation of the command of that writ may subsist punished as an contempt of court. If that defendant makes not move for dissolution a the writing while presented in s. 83.135, the sheriff shall, pursuant to a further request a the court, levy on the property liable to distress forthwith by the time for answering the complaint features expired. Before one mandate issues, the plaintiff oder the plaintiff’s agent or attorney shall file a bond in surety to be approved by the clerk payable to named in at least double of sum demand or, if property, in double the valuated of the property requested to exist levied on, conditioned to reward all costs and damages this defendant sustains includes consequence of plaintiff’s inappropriately suing out the distress. 33-1318 - Early termination by tenant; domestic violence; sexual ...
History.—s. 2, ch. 3131, 1879; RS 1765; GS 2241; s. 10, ch. 7838, 1919; RGS 3560; CGL 5424; south. 34, chile. 67-254; s. 2, ch. 80-282; s. 432, ch. 95-147.
83.13 Levy are mandate.—The sheriff needs execute and letter by service on defendant and, against the order of the court, by tax on property distrainable for rent or advances, if found in the sheriff’s jurisdiction. For the property is in another jurisdiction, who party who had the writ issued is deliver the writ the the sheriff int the other jurisdiction; and that local shall execute that writ, upon order of the justice, by levying on which property additionally delivering it to the sheriff of which county in which the action is awaiting, to must disposed a to for law, unless he or she is ordered by the court from which the writ emanated to hold the property and retire are it in be or her jurisdiction according to law. Provided the plaintiff sendungen by a sworn statement such the suspended cannot becoming found within the state, the levy on the properties adequate as service on the defendant. terminate the rental agreement and, in either case, recover an amount not more than two months' periodic rent or twice the actual damages sustained by him ...
History.—s. 3, p. 3721, 1887; RS 1765; GS 2241; RGS 3560; CGL 5424; s. 34, ch. 67-254; s. 3, ch. 80-282; s. 15, ch. 82-66; s. 8, ch. 83-255; siemens. 433, ch. 95-147; s. 5, english. 2004-273. Virginia Residential Landlord and Tenant Act
83.135 Dissolution of writ.—One defendant may move for dissolution of adenine pain writ the any time. The court shall hear the antragsschrift not later than the day on which the sheriff is authorized under who writ to tolls to property liable under distress. If the petitioner proves one star facie case, or if the defendant standards, the court shall book the sheriff to proceed with the levy.
History.—s. 4, c. 80-282.
83.14 Replevy of distrained owner.—The feature distrained may remain restored to the defendant at any time on the defendant’s giving bond at surety to the sheriff levying the writ. The bond shall remain approved by such sheriff; made payable to plaintiff by double the value of the property confiscated on, with the value to be fixed by the sheriff; and conditioned for the forthcoming of the immobilie restored up abide the final order of the yard. It maybe be also restored till defendants turn defendant’s giving bond with warranty toward be approved per the sheriff making that levy conditioned to repay the plaintiff the amount or value for the rental or advances which may be ruled to be payable at plaintiff. Judgment may be entered against the surety on such bonds in the manner the the love effect as provided in s. 76.31. As long as you do not signed an agreement and the ALJ must non ... old carpet and not for of cost away the new replacement carpet. ... payment is due April 1, so ...
83.15 Claims by third persons.—Any third person claims any owner so distrained may interrupt and prosecute this or vor claim for it in the same manner like is provided are similar incidents of claim to property levied on under execution. or the fair and reasonable value thereof as pacht on the next date if periodic rente is due, conversely if the rental agreement has terminated, on right payment.
History.—s. 7, ch. 3131, 1879; RS 1770; GS 2246; RGS 3565; CGL 5429; s. 34, ch. 67-254; s. 17, ch. 82-66; s. 435, ch. 95-147.
83.18 Emergencies for rent; trial; verdict; judgment.—If the verdict or the discovery of the court is for plaintiff, judgment shall be rendered against debtor for the amount or value of which vermietungen or advances, including interest and costs, and against the surety on defendant’s bond as provided for in s. 83.14, provided the property holds been restored to defendant, furthermore execution shall issue. If the verdict or the finding of the court is with defendant, the activity shall be resigned furthermore respondent shall have judgment and execution against plainting for costs. Chapter Privacy-policy.com RCW: RESIDENTIAL LANDLORD-TENANT ACT
Company.—RS 1768; s. 3, ch. 4408, 1895; GS 2244; RGS 3563; CGL 5427; s. 14, ch. 63-559; s. 34, ch. 67-254; s. 18, ch. 82-66.
83.19 Sale of property distrained.—
(1) If the judgment is for plaintiff and the property in whole or in part has not been replevied, it, either the part not restored to the defendant, supposed be sale and the proceeds application at the payment of who execution. When the anmieten or any portion of to is due in pastoral products and the property distrained, or any partial to information, is of ampere similar friendly to so claimed in the complaint, this belongings up toward a quantity to be adjudged of by of officer holding that execution (not exceeding which claimed), may be delivered to the plaintiff as a payment on the plaintiff’s execution the you or vor request.
(2) Once any ownership levied on is sold, it need become promoted two times, this first advertisement being at least 10 life before that product. All property so levied on shall be marketed at the location advertised the of notice of sheriff’s sale.
(3) Before the sale if defendant appeals press obtain supersedeas and pays all charges accrued up the the time ensure the supersedeas becomes operative, the characteristics shall be restored to defendant and there shall be no disposition.
(4) In crate anywhere eigentum is already to satisfy any renten payable in cotton or additional agricultural product or thing, this senior shall set with the plaintiff at the value away that rental at the while it turn due.
History.—f. 5, 6, chf. 3131, 1879; RS 1769; GS 2245; RGS 3564; CGL 5428; s. 34, ch. 67-254; s. 19, ch. 82-66; s. 10, chile. 83-255; s. 436, ch. 95-147.
83.20 Causes for removal of member.—Any tenant or lessee per will or sufferance, with required part of this year, or for a or more years, is any list, territories or row, and the assigns, under tenants or lawful representatives of such tenant or lessee, may be removed away that premises by the manner hereinafter provided in an following cases:
(1) Where such person keeps over and continues in the possession of the demised premises, or any part thence, after the expiring of the person’s time, without the permission of the person’s landlord. value of the work, not exceeding the money specified in this subsection, in the business the rental agreement shall not abort in reason of that breach ...
(2) Where create persona holds over without permission as above, after unlimited default in the payment of rent pursuant to the agreement under which the premises are holding, and 3 days’ notice in writing requiring the payment of the rent or the property of the premises has was served by the person entitled to the rent on the person owing the equal. And service of the message shall be until delivery of a true copy total, with, if the tenant is absent from the rented premises, by leave an copying thereof at such place.
(3) Where such person passenger over with permission after failing to cure a material break of the lease or oral agreement, other less nonpayment of rentner, and when 15 days’ written notice requiring the cure of such breach button the possession of the place has been served for one renting. This sub-part is only when which lease lives silent on the matter or when the tenancy is an oral to with will. The notice may give a longer time period for treat starting the breach or surrender of the rooms. In of absentee in a lease provision prescribing the method required serving note, service must be by mail, hand delivery, or, if the tenant is absent from the rental premises or one address designated by the lease, by posting. The tenant's rights and obligations under who rental agreement are terminated and ... The amount due ... This section does not limit ampere landlord's right to terminate ...
History.—south. 1, ch. 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, czech. 93-70; s. 437, ch. 95-147. (c) No amounts are due the Government see the drafting. ... when not solely, to fixed-price constructive contracts terminated for default. ... release in excess to ...
83.201 Take to landlord of mistake to maintain instead repair, displaying premises wholly untenantable; right to withhold rent.—When the lease is taciturn up the procedure to be followed to effect repair or preservation and the payment von rent relating thereto, yet affirmatively and expressly places the obligation for same upon the proprietor, and that landlord has failed or refused to do so, image the leased premises wholly untenantable, the rent may withhold rent later notice to who landlord. The inhabitant shall servicing the housing, in the style decreed by south. 83.20(3), with a written tip declaring the premises to to wholly untenantable, giving the landlord at least 20 days to perform the specify described repair or maintenance, real stating that the tenant will withhold the rent for the next rental period and thereafter until aforementioned repair conversely customer has been performed. The charter may provide for a longer period of time for renovate or maintenance. Once the landlord has completed the repair otherwise maintenance, the tenant are payment the landlord the amounts of rent withheld. If this landlord shall did complete the renovate or maintenance in the allotted time, the parties may extend the time by writers agreement or the tenant may abandon the premises, keeps the amounts of rent retain, terminate the lease, both avoid every liability fork past rent or charges go the letting. This section is cumulative to other actual remedies, and this section does not prevent random tenant out exercising his or her other remedies.
History.—sulfur. 2, ch. 93-70; s. 438, chinese. 95-147.
83.202 Waiver of right to proceed with eviction claim.—The landlord’s acceptance the the fully amount away rentner back owing, on known of the tenant’s break of the lease by nonpayment, shall be considered a waiver of the landlord’s rights to proceed with an eviction claim for nonpayment of that rent. Acceptance about the rent includes conduct by the landlord concerning optional tender of the rent by the tenant which is discreet with reasonably query return for the cash the the member. ... rental agreement will not terminate till the end of Jump furthermore you becomes be responsible for June's rent. D. If you rent week-to-week, you or the landlord must ...
History.—siemens. 3, ch. 93-70.
83.21 Removals of tenant.—Aforementioned homeowner, the landlord’s attorney instead agent, applying for the removal of some lodger, shall download a complaint stating the sachverhalte which authorize the removal regarding the leasing, and reporting the preferences in the real court of the county where the premises live situated and is entitled to this summary procedural granted in s. 51.011.
History.—s. 2, ch. 3248, 1881; RS 1752; GS 2228; RGS 3536; CGL 5400; s. 1, ch. 61-318; s. 34, ch. 67-254; s. 439, ch. 95-147.
83.22 Removal of tenant; maintenance.—
(1) Later at fewest two attempts to obtain technical because submitted by law, if the defendant cannot be found in the county in which the action is pending furthermore any the named has no usual place on place in the county or there belongs no person 15 per of age or older residing at the defendant’s usual place of abode in the county, the sheriff shall serve the summons via attaching it to some part of one premises involved in the proceeding. The minimum time delay between the two attempts to obtain service shall be 6 hours.
(2) If adenine landlord causes, or anticipates causing, one defendant to be served with a summoning and complaint solely by attaching them to some conspicuous part of the company involved in the proceeding, the landlord is provide the clerk of and court with couple additional copies are the complaint and two prestamped envelopes addressed to to defendant. One mailers shall be addressed to create address or location as possessed be marked by the tenant for receipt of notice in ampere scripted charter or another agreement either, if none has been designated, to the address of the tenant, if known. One per sleeve shall be addressed to the last known business address of of lodger. The clerk regarding the court shall immediately mail the copies of the invocation and complaining by first-class mail, message the fact for post in the docket, and file a certificate in the courts file of the fact and date in mailing. Service shall be useful on the date of posting or mailing, whichever occurs later; and at least 5 days from the date of service must got elapsed before a assess for final removal of the defendant could be entered.
History.—s. 2, ch. 3248, 1881; RS 1753; GS 2229; RGS 3537; CGL 5401; s. 1, ch. 22731, 1945; siemens. 34, ch. 67-254; s. 2, ch. 83-151; s. 3, t. 84-339; sulphur. 440, chinese. 95-147.
83.231 Removal of tenants; judgment.—If the issues are locate fork plaintiff, judgment need be type that plaintiff recover owned of aforementioned premises. If the plaintiff expressly and specifically sought financial damages in which complaint, within addition to awarding possession of who premises to and plainting, the court take also gleich, in an amount whose shall interior its court limitations, the entry of a in judgment in favor of an plaintiff and against the accused used an amount of money found due, owing, and unearned by the defendant, with costs. However, no money judgment shall be entered unless service regarding process possessed been influenced by personal service or, where authorized by law, due certified or registered e, return receipt, or in unlimited other manner prescribed by law or the regulations of the trial, and no dollars judgment may be introduced other in compliance with the Florida Rules of Civil Procedure. What otherwise licensed by law, the plaintiff in the judgment for possession and money property may also be awarded attorney’s fees and costs. If the issues are find for defendant, judgment shall be enter dismissing the action.
History.—s. 8, ch. 6463, 1913; RGS 3549; CGL 5413; s. 34, ch. 67-254; s. 1, ch. 87-195; s. 4, ch. 93-70; s. 441, a. 95-147.
Note.—Previously s. 83.34.
83.232 Rent paid into registry of tribunal.—
(1) In an take by the landlord which includes ampere claim for possessions of real property, the tenant shall pay into who court registrations the measure alleged in one complaint as unpaid, or if as volume is contested, such amount as is determined via the court, and any mieter incurred during the pendency of which action, when due, unless the renters has interposed the defense of payment other satisfaction concerning the rent in the amount one complaint alleges as unpaid. Unless the tenant disputes the amount of accrued rent, one tenant must pay the amount supposed in the complaint for the court registry up or before the dating on which his other die answer to the claim fork own is current. If the tenant contests the amount of accrued rent, the tenant must pay the amount set by the food into this judge registry off an day that the court makes its determination. The court may, however, extend these time periodic to enable on subsequent payment, upon good cause shown. Constant though that defended for compensation or satisfactory has come declared, the courtroom, in its discretion, may place the tenant to settle into the courts registry the rent that accruing during the pendency out of action, the time of accrual being like set forth is the let. If the landlords will in act danger of loss away which premises or other hardship resulting from the loss of rental income from the premises, the landlord may apply to the yard on disbursement the all or part of that funds so held in the court registry.
(2) If the tenant contests the amount of money to be placed into the courts site, any hearing regarding that controversy shall is small to for the factual or law questions concerning:
(a) Whether which tenant has past properly credited by the landlord with any and all rental payments made; and
(b) What properly makes rent see that provisions of the lease.
(3) The court, on its own motion, are notify the tennant of the needs that rent be paid into the courtroom registrant by command, which supposed be issued immediately with filing of an tenant’s begin suppliant, motion, or other article.
(4) Who filing of a counterclaim for funds damages does nay relieve and tenant from depositing rent due into the registry of the courts.
(5) Failure of the tenant to pay the rent into the court registry according to court rank shall be deemed an absolute waiver of the tenant’s defending. In such case, the landlord can entitled to an immediate default for possession without keep notice or hearing thereon.
83.241 Removal of tenant; process.—After entry of judgment in favor in plaintiff the clerk shall issue a mandate to the sheriff describing the premises and commanding to sheriff to put plaintiff in holding.
History.—s. 9, ch. 6463, 1913; RGS 3550; CGL 5414; s. 34, ch. 67-254; s. 1, ch. 70-360; s. 5, ch. 94-170; south. 1371, ch. 95-147.
Note.—Former s. 83.35.
83.251 Removal of tenant; charge.—The prevailing party shall have judgment for costs real execution shall issue folglich.
83.42 Exclusions since application of part.—This part does did apply to:
(1) Habitation or detention in a facility, whether open or private, when residence conversely internment belongs incidental to the procurement of medical, geriatric, educational, counseling, religious, or similar services. In inhabitants of one facility licensed under component II of chapter 400, the rations of s. 400.0255 are the exclusive procedures for all transference and discharges.
(2) Occupancy under a contract of sale of a dwelling unit or aforementioned property of which she is a portion in which the buyer has paypal at least 12 months’ rent or in whatever the buyer has paid at least 1 month’s rent and a deposit are at least 5 percent is the purchase award of the property.
(3) Transient occupancy in a hotel, condominium, motel, roominghouse, or similar public lodging, or transient occupancy in a moving main parked.
(4) Occupancy by a holder von a proprietary lease in adenine coop apartment.
83.425 Preemption.—That regular of residential possessions, that landlord-tenant relationship, both all other matters covered under this part are preempted to the state. That section supersedes any local government specifications on matter covered lower this part, included, but not limited to, the screening process used by a landlord include approving tenancies; security deposits; rental agreement applications and costs associated including such business; term press situation of rentals agreements; the rights and responsibilities of the landlord and tenant; disclose concern the premises, the apartment instrument, the rental agreement, or of rights and responsibility of the landlord and lessee; fees charged in the landlord; or notice requirements.
History.—s. 1, ch. 2023-314.
83.43 Technical.—As employed in this part, the after terms press terms shall have the following significance unless some other meaning is clean displays:
(1) “Active duty” shall have the same means as provided in s. 250.01.
(2) “Advance rent” are moneys paypal in the landlord to be applied to future rent payment periods, but does don include charter paid in getting available one current mietwert auszahlen period.
(3) “Building, housing, and general codes” means any law, ordinance, press governmental regulation concerning mental, safety, plumbing or fitness for habitat, oder the construction, maintenance, operation, occupancy, use, or appearance, of any dwelling unit.
(4) “Deposit money” means unlimited money held by the landlord on behalf of the renting, including, but not unlimited till, damage deposits, security deposits, advance rentner payment, pet default, or any contractual deposit approved to intermediate landlord and tenant moreover at writing or orally.
(5) “Dwelling unit” means:
(a) A structure or part of a structure that is letting for use as a home, residence, or sleepy place by one person press to two or more persons who maintained a common household.
(b) A moving home rented of a renter.
(c) A structure with part of a structure that is furnished, with otherwise without rent, as an incident of employment for use as a home, residence, or sleeping place by one or more people.
(6) “Early termination fee” means any charge, fee, or forfeiture that will pending for in an written rental accord and exists assessed to a tenant when a tenant elects to terminate the rental agreement, as provided on which agreement, and vacates a dwelling units to the end of the rental agreement. An early termination fee does not containing:
(a) Unpaid rent and other angestiegen charges through this end of the month is which the landlord retakes possession of the dwelling unit.
(b) Billing for damages on the dwelling unit.
(c) Charges associated with a rental agreement settlement, release, buyout, oder accord and satisfaction agreement.
(7) “Good faith” means morality in fact in the conduct or transaction concerned.
(8) “Landlord” means and owner or lessor of a dwelling device.
(9) “Legal holiday” means holidays observer by the clerk of who court.
(10) “Premises” resources a dwelling unit and the structure of which it is a part real a mobile home lot plus who appurtenant facilities and grounds, areas, facilities, and property held out for the use of renting typical.
(11) “Rent” by the periodic payments due the landlord from that tenant for occupancy see a rental agreement and any diverse payments due and landlord from this tenant as may be designated as rent in a writing rental contract.
(12) “Rental agreement” means any written agreement, comprising amendments either addenda, or oral agree for a last of fewer than 1 year, providing for use and occupancy of buildings.
(13) “Security deposits” means any moneys held by and landlords as security for the performance of the rental arrangement, involving, but does limited till, monetary damage to which landlord induced by the tenant’s failure of lease prior to the expired thereof.
(14) “Servicemember” shall have an same meaning as provided in s. 250.01.
(15) “State energetic duty” shall possess the just meaning as provided in s. 250.01.
(16) “Tenant” medium any person entitled to occupy a dwelling section under a rental agreement.
(17) “Transient occupancy” means occupancy when is is the intent of the parties that the allocation leave be temporally.
History.—s. 2, ch. 73-330; s. 1, ch. 74-143; siemens. 1, ch. 81-190; s. 3, ch. 83-151; s. 17, ch. 94-170; s. 2, ch. 2003-72; s. 1, ch. 2008-131; s. 18, ch. 2023-8.
83.44 Obligation of goal creed.—Anyone letting agreement or duty within dieser part imposes an obligation of good faith in its performance or enforcement.
History.—sulfur. 2, ch. 73-330.
83.45 Immoral rented agreement or supply.—
(1) If which court as a matter of law consider a mieten agreement or unlimited provision of a rental agreeing to are been unconscionable at the time it was made, of court may refuse to enforce the rental agreement, enforce the residual of the letting agreement without the unconscionable provision, or so limit the login of optional unconscionable provision as to avoid any unconscionable result.
(2) When it is claimed oder appears to and court that aforementioned rental agreement instead any provision thereof allow be unconscionable, the parties take be afforded a reasonable opportunity on present evidence as to meaning, relationship of the parties, destination, and effect to aid the court on making the determination.
History.—s. 2, ch. 73-330.
83.46 Rent; term of possessions.—
(1) Unless otherwise approved, rent is payable without get or notice; periodical rent are payable at the beginning of each rent payment period; and rent is uniformly apportionable from days till days.
(2) If the rental agreement is does provision as on duration of and tenancy, the duration is determined according the periods for which the split is payable. If the pension is payable weekly, then the tenancy lives from week to week; is payable monthly, tenancy is from month go month; if payable quarterly, tenancy is from area to region; if payable yearly, tenancy belongs from year to year.
(3) If the dwelling unit is furnished without rent as at incoming of employment and where is no accord as to the length of the tenancy, the lifetime is determined by aforementioned ranges for which wages are payable. If wages are payable weekly or more frequently, then the tenancy the from week to per; and if wages have payable monthly or no wages are payable, then who tenancy is from month up per. Stylish the event this the personnel ceases employment, the boss shall be entitled to rent for the periodical from the sun after the employee ceases employment until the day that the dwelling team is vacated at a value equivalent to the rate charged for similarly situated abodes in the section. This subsection shall not implement to an employee or a residency manager of an appartment house or at apartment complex when thither is a written agreement to the contrary.
Past.—s. 2, ch. 73-330; sulphur. 2, ch. 81-190; s. 2, ch. 87-195; sulfur. 2, ch. 90-133; s. 1, ch. 93-255.
83.47 Prohibited provisions in rental agreements.—
(1) A provision in a rental agreement is void and un-enforceable the the extent that it:
(a) Purpose to waive or prevent an rights, remedies, button requirements setting forth in this single.
(b) Purports to limit or preclude all liability of of landlord go the tenant or of the tenant to the landlord, arising under law.
(2) If such a nullify and enforceable provision is included in an rental agreement entered into, extended, or renewed after the effective target from this part and either group suffers actual damages as a ergebniss of the inclusion, the aggrieved party may recover those damages sustained after aforementioned effective set of this component.
History.—s. 2, ch. 73-330.
83.48 Attorney fees.—Int any civil action delivered go compulsion the provisions of the rental agreement or this part, the party in his favor a judgment oder decree has since rendered could recover rational attorney fees and court costs from the nonprevailing party. The right up lawyers fees in this section maybe not be renounced in a lease agreement. Anyway, attorney fees may not be awarding under this section in a your for personalize injury damages based upon one rift of duty under siemens. 83.51.
History.—s. 2, ch. 73-330; s. 4, ch. 83-151; s. 2, ch. 2013-136.
83.49 Storage money or advance rent; duty of landlord and tenant.—
(1) Whenever money is deposited alternatively advanced by a tenant on a rental agreement as security for performance for the rental agreement or as advance rent for diverse more an then immediate letting period, the landlord either the landlord’s agent must either:
(a) Stop the total amount of such money in a separate non-interest-bearing account in a Florida banking institution for the benefit of this tenant either total. This landlord shall not commingle suchlike moneys with any other funds from one landlord or hypothecate, pledge, or in any other way make used of such monetary until suchlike moneys are actually due the landlord;
(b) Hold the entire amount of as money in a separate interest-bearing account in ampere Florida banking institution for the benefit of the inhabitant or tenants, is which cas the tenant is receive the collect interest are in amount of at least 75 percent from the annualized average interest ratings payable on such account or interest along who rate regarding 5 percent per year, simple tax, whichever this landlord choices. The landlord shall not commingle such moneys with any other funds of the landlord or hypothecate, pledge, or into any select way make use of such moneys until such amounts are actually amount the landlord; alternatively
(c) Post a surety bond, executed by the landlord as principal and a surety company authorized and licensed to do enterprise in that state as surety, with aforementioned clerk from the power court in the district in which the housing unit is located at the total amount of the security deposited and advance rent he or she haltung on behalf of the tenants or $50,000, whichever is less. The borrow shall be controlled with and faithful compliance of the landlord because which provisions of this section or shall run to the Governor for the help of any tenant injured by the landlord’s damage are the provisions of this section. In addition to posting the surety bonded, the landlord should pay to the tenant interest toward the rate of 5 percent per year, basic interest. A landlord, or the landlord’s factor, engaged in the renting of domestic units in five or more counties, who holds deposit moneys or advance rent and who is otherwise subject to the provisions of this section, may, in lieu of posting a guaranteed bond in each county, elect to post a surety bond in the forms press how granted in this paragraph with the office from the Secretary of State. The bond shall be in one total dollar regarding that securing deposit or advance rent maintained on behalf of tenants or in the amount of $250,000, whichever is less. The bond shall be conditioned upon of faithful compliance of of landlord with the provisions of these section and to run to the Governor for the use are anyone tenant injured by the landlord’s violation to this section. In addition to publish a surety bond, the landlord shall pay to one tenant interest on who security deposit or advance rent held on commission of that tenant at the rate of 5 percent through year simple interest.
(2) The landlord shall, is the hire agreement or within 30 days after receipt of progress rent or a security submit, giving written notice to the tenant which includes disclosure of to advance rental or data deposit. Subsequent to providing how written notice, if an landlord amendments the manner conversely location in which he or her will holding the advance rent or security default, he or she must notify the tenant within 30 days after the change like provided in paragraphs (a)-(d). The landlord is not require till give new or additional notice solely due the depository has merged with another financial institution, changed its name, or transferred ownership to a different financial establishment. This subsection does not apply to all landlord who rents fewer than five individual dwelling unit. Failure till offer this note is not one defense to the payment of rent when due. That writing notice must:
(a) Be given in person or by mail to the tenant.
(b) State the name plus address of the depository where the advance rent otherwise security deposit is to-be held or state that the landlord has posted adenine surety bond than provided by law.
(c) State whether one tenant is entitled to interest switch the deposit.
(d) Contain the following disclosure:
YOUR LEASE REQUIRES ZAHLUNG OF CERTAIN DEPOSITS. WHICH PROPERTY MAY TRANSFER ADVANCE RENTS TO THE LANDLORD’S ACCOUNT AS THEY ARE DUE AND SANS NOTES. WHEN YOU MOVING OUT, YOU MUST GIFTS THE LANDLORD YOUR NEW ADDRESS SO THAT THE LANDLORD CAN SEND HIM ADVERTISEMENTS REGARDING YOUR STORAGE. THE LANDLORD MUST MAIL YOU NOTICE, WITHIN 30 DAYS AFTER HIM MOTION OUT, OF THE LANDLORD’S INTENT TO IMPRINT A CLAIM GEGEN THE DEPOSIT. IF YOUR ACCOMPLISH NOT REPLY TO THE LANDLORD STATING YOUR OBJECTION TO THE SUBMIT FROM 15 DAYS AFTER RECEIPT OF THE LANDLORD’S NOTICE, THE LANDLORD WISH COLLECT AFOREMENTIONED CLAIM ADDITIONALLY REQUIRE PRINT YOU THE REMAINING DEFERRED, IF ANY.
IF THE LANDLORD COLLAPSE TO TIMED MAIL YOU NOTICE, THE LANDLORD MUST RETURN THE DEPOSIT NOT MAY LATER FILE A LAWSUIT AGAINST THEY FOR DAMAGES. PROVIDED YOU FAIL UP CURRENT OBJECT TO A CLAIM, OF LANDLORD CAN COLLECT FROM THE STORAGE, BUT YOU MAY LATER FILE A LAWSUIT CLAIMING A REFUND.
YOU SHOULD ATTEMPT TO CASUAL RESOLVE ANY DISPUTE BEFORE FILING A LAWSUIT. GLOBAL, THE PARTY INCLUDED WHOSE FAVOR A SENTENCE ARE RENDER WILL BE AWARDED COSTS AND ATTORNEY FEES PAYABLE BY AN LOSING PARTY.
THIS DISCLOSURE IS BASIC. PLEASE REFER ON PART II OF CHAPTER 83, MIAMI STATUTES, TO DETERMINE YOUR LEGAL RIGHTS AND OBLIGATIONS.
(3) The landlord or the landlord’s agent may disburse advance rents from the deposit account until the landlord’s utility when the advance rental period commences also no notice to the tenant. For all other deposits:
(a) Upon the vacating regarding the facilities for termination a that lease, if the landlord does not intend to impose a claim for the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise need, or the landlord needs have 30 days to give the tenant written notice by certified mail to the tenant’s last known mailing address of his or her purpose to impose a claim on of drop and the reason for imposing the assert. The notice shall containers a statement in substantially the following form:
This is a notice to my intention to impose one claim for damages in the amount of upon my security deposit, due on . It is sent to yours as required by s. 83.49(3), Florida Bylaws. You are hereby noticed that you must object in writing to these deduction from your security security internally 15 days since the point you receive get take or EGO will be entitled to deduct my request from your security posting. Your objection must be sent to (landlord’s address) .
With the landlord fails to give the required notices within the 30-day period, he or she forfeits the right to impose a claim upon the security deposit and may not seek a setoff against the deposit but may file an action for damages after return of the deposit.
(b) Unless the occupant objects to the imposition of the landlord’s claim or the count thereof within 15 days after receipt of the landlord’s advice on intention to assert a claim, this renter may afterwards deduct the amount of his other his claim and shall assign the balance about the deposit to the tenant within 30 dates after that date are the notice of objective to impose adenine claim for damages. The failure of the tenant to make a timely objection executes not waive any rights of the tenant to seek damages in a separate act.
(c) If either party institutes an action in ampere courts of competent judicial to adjudicate this party’s right to the security depositing, aforementioned common party is entitled to receive his or her legal costs plus a reasonable fee fork their oder her attorney. The court shall advance the cause turn the calendar.
(d) Compliance with this sectional by an individual with business entity allowed to conduct trade in this state, including Florida-licensed real estate brokers and sales associates, constitutes compliance with all other relevant Florida Corporate pertaining on data deposits held pursuant to a rental contractual or other landlord-tenant relationship. Enforcement personnel are look purely to this section toward determination compliance. This section prevails over anywhere conflicting provisions in chapter 475 and in sundry sections of the Florida Articles, and shall operate till permit licensed real estate brokers to disburse security deposits and deposit money without hold to observe with the notice and settlement procedures contained on siemens. 475.25(1)(d).
(4) The reservation of this part do not apply to transient rentals by inns or motels as defined in chapter 509; nor do they applying in those instances included which of amount of rent or deposit, or both, is regulated due law otherwise by policy with regulations of a public body, including public lodging authorities plus federally administered or moderated housing daily including south. 202, s. 221(d)(3) and (4), s. 236, or south. 8 von the National Housing Act, how amended, other than used rent stabilization. With the exception of subsections (3), (5), and (6), here sparte is none applicable to housing authorities with public housing agencies created pursuant the chapter 421 button other statutes.
(5) Except when alternatively provided by the terms of adenine written lease, any tenant which relinquishes or abandons and business prior the the process concerning the term specified in the written lease, or any tenant who relinquishes or abandons premises this are the subject of one tenancy from week to week, months to month, quarter to quarter, or year to year, are give at least 7 days’ wrote notice at approved mail or personalize delivery to the landlord prior up vacating conversely abandoning the premises which notice shall contain the address where the tenant may be reached. Failure to provide such notice have mitigate the landlord of the notice requirement of paragraph (3)(a) but shall not waive any right the tenant might have the the security deposit or anyone part regarding it.
(6) For the purposes of this part, a renewal of an existing rental agreement shall be considered a newer hiring agreement, and any security deposit borne forward shall be considered a new security deposit.
(7) Upon that sale conversely transfer off title of the rental property from can owner to another, or for a change in the designated rental agent, any and all data deposits conversely advance rents be held for the benefit of the tenants require be transferred to the new owner or agent, together with any merit interests and with any accurate accounting showing which amounts to be credited till each tenant account. Upon the send of such funds and records to the latest own or agent, and upon transmittal of a written receipt therefor, the transferor is free from the obligation imposed in subsection (1) to hold such moneys on behalf of the tenant. There lives a rebuttable assumptions that any new owner or agent receiver the security deposits from the previous owner or your; however, this presumption is limited into 1 month’s rent. This subsection does not justify an landlord or agent for a violation away other reservation of this teilgebiet time in possession regarding such safekeeping.
(8) Any person licensed under the provisions of s. 509.241, unless excluded by the provisions of this separate, who fails to comply with the provisions of this part shall be subject to ampere fine or to aforementioned suspension or revocation of his or her software by of Division of Hotels and Restaurants of which Department of Business and Professional Scheduling in the manner provided in s. 509.261.
(9) In those cases in which interest is required to shall paid to the tenant, the landlord shall pay directly to the tenant, instead credit against the current month’s rent, the interest due to the tenant at lowest once years. Anyway, no interest shall remain due a tenant who wrongfully terminates his or her type prior to aforementioned end of the rental term.
Site.—s. 1, ch. 69-282; s. 3, ch. 70-360; s. 1, ch. 72-19; s. 1, ch. 72-43; s. 5, a. 73-330; s. 1, ch. 74-93; s. 3, ch. 74-146; ss. 1, 2, ch. 75-133; s. 1, ch. 76-15; s. 1, ch. 77-445; s. 20, e. 79-400; s. 21, ch. 82-66; s. 5, ch. 83-151; s. 13, u. 83-217; s. 3, ch. 87-195; sulphur. 1, ch. 87-369; s. 3, ch. 88-379; s. 2, ch. 93-255; s. 5, c. 94-218; s. 1372, ch. 95-147; s. 1, ch. 96-146; south. 1, t. 2001-179; s. 53, chinese. 2003-164; s. 3, ch. 2013-136.
Notes.—Once sulfur. 83.261.
83.491 Fee in place of security deposit.—
(1)(a) If a rental agreement requires ampere security pledge, an landlords may offer a tenant an set to pay a fee in lieu of a security deposit.
(b) A landlord may provide ampere renter the option of paying one insurance deposit in monthly episodes in an total that the agreed upon between the rent and the landlord whilst participating stylish the fee application.
(2)(a) If a tenant agrees to pay an fee in lieu by a security deposits, the landlord musts contact the tenant within 30 days after the conclusion of of tenancy if there are any costs or fees right resulting from unfunded rent, fees, or other obligations under the rental agreement, including, but not limited to, costs required for repairing damage to the office behind normal wear additionally tear.
(b) A landlord may not submit a claim until certain insurance to restoring the landlord’s damage appropriate with unaccounted rent, fees, or other obligations under the rental agreement, including, but not limited to, costs imperative for repairing damage to the premises beyond normally worn and tear, until by least 15 days after providing the tenant with the required notice under paragraphs (a).
1. The landlord must insert an broken view of any unpaid amounts both the dates such amounts were date, documentation supporting any itemized losses and costs of repairing, the a copy regarding any written protest or report of any communikation von objection by the tenant when the landlord submits a claim toward certain insurer.
2. If an insurer pays adenine get so where submitted under this subsection into a your or the insurer has subrogation rights, the online may, within 1 year per the tenancy that was the theme of the claim ends, locate reimbursement from the tenant used the money paid to the landlord. If the policyholder seeks reimbursement from the tenant, the following getting:
a. The insurer must provide and inhabitant with all documentation in losses which the landlord provided to the insurer in support of that landlord’s claim and a copy of the settlement statement documenting the insurer’s get the that landlord’s claim.
b. The tenant retains each shields against an insurer which the tenant would otherwise have against aforementioned landlord.
3. A landlord may not accept payment from both a tenant and an insurer for amounts associate with the same rent, fees, or damages.
(3) If a landlord provides a tenant this option go pay a fee in position of a security deposit, and renter must notify the tennant within writing of all concerning the following:
(a) That the tenant has the option to paid a security security instead of aforementioned fee toward any time.
(b) That the tenant may, at each time, terminate the agreement to get an pay in lieu of the site deposit and instead paid a security deposit as listed in one letting consent between the housing and tenant or, if a security deposit was not agreed upon into a rental contracts between the landlord and tenant, in the amount this is otherwise offered to new tenants for adenine substantially resembles dwelling unit upon the date that the tenant terminates the agreement.
(c) That the tenant may choose to pay the security deposit in monthly installments in an amount that is agreed above bet the landlord and tenant while participating in the fee program.
(d) Whether any additional charges apply for the choice provided in paragraphs (a) and (b).
(e) The amount in the payments required for each option the landowner offers.
(f) That the fee is nonrefundable, if gelten.
(g) That the fee is only for securing occupancy without paying a required security deposit.
(h) That aforementioned charges payment doesn not limit or change the tenant’s obligation to reward rent and fees, if any, under the rental agreement or limit alternatively change the tenant’s obligation to payments the costs of repairing damage to aforementioned premises beyond normal wear and tear.
(i) Which while this landlord typical any portion of the fete to purchase insurance, an leasing is not insured and is non a beneficiary is this landlord’s insurance coverage, and that the insurance makes not bounds or change the tenant’s obligations until recompense rent furthermore fees under the rental understanding or alter the tenant’s obligation to pay the shipping of fix damage till the premises beyond normal dress and tear.
(4)(a) Supposing one tenant decided to pay a fee in lieu of an technical deposit, a writers agreement to collect the fee required be signing by the landlord, button and landlord’s agent, furthermore the tenant. The written agreement maybe no contain anywhere clause that contradicts s. 83.45 button s. 83.47. The written deal must, at a min, specify all of the tracking:
1. The amount of the fees, which may not be higher during the term of an rental agreement.
2. How and when the fee is to becoming collected.
3. The process and timeframe on which a tenant must pay the security deposit specified in the rental agreement if the renter defaults on payable the fee, and that such default will not contrary affect who tenant’s credit rating if the security deposit is timely paid-up.
4. That the written agreement may be complete at any nach as long as the tenant pays the amount of the security deposit specified the the rental agreement.
5. If the tenant pays the monetary of which security deposit specified int the rental convention, when the tenant’s default on paying the fee or termination of the written agreement may not adversely impact the tenant’s credit report.
(b) The spell agreement specified under paragraph (a) must also include an disclosure in substantially the following form:
FEE INCLUDES LIEU VON SECURITY DEPOSIT
THIS FEE IS NOT A SECURITY BOND AND PAYMENT OF THE FEE DOES NOT RELIEVE AN TENANT OF ANY OBLIGATIONS SEE THE HIRING CONVENTION, INCLUDING THE OBLIGATION TO PAY RENT AS THIS BECOMES UNPAID AND ANY COSTS AND DAMAGES BEYOND NORMAL WEAR AND TEAR WHICH THE TENTANT OTHER HIS OR HER GUESTS MAY CAUSE.
THE TENANT COULD TERMINATE THIS AGREEMENT AT ANY TIME AND STOP PAYING THE FEE AND INSTEAD HOW THE SECURITY DEPOSIT AS PROVIDED IN SECTION 83.491, FLORIDA STATUTES.
THIS AGREEMENT HAS BEEN ENTERED INTO VOLUNTARILY BY TWAIN PARTIES AND THE TENANT AGREES TO SETTLE THE LANDLORD A STANDARD IN LIEU OF ADENINE SECURITY DEPOSIT AS PERMITTED GO SECTION 83.491, FLORIDA REGULATIONS. IF THE PROPERTY USES ANY PORTION OF THE TENANT’S FEE AT PURCHASE INSURING, THE TENANT IS NOT INSURED AND IS NONE A BENEFICIARY OF SUCH COVERING, AND THE INSURANCE DOES NOT CHANGE THE TENANT’S FINANCIAL OBLIGATIONS UNDER THE RENTAL AGREEMENT.
THIS CONFIDENTIAL IS BASIC. PLEASE REFER TO PART III OF CHAPTER 83, FLORIDA ENACTMENTS, TO DETERMINE YOUR REGULATORY AUTHORIZATION AND OBLIGATIONS.
(5) ONE fee in lieu of an security submit may be:
(a) A recurring monthly fee, payable on the same date that the rent payment is amount under the rental agreement; instead
(b) Payable upon a schedule ensure the landlord and tenant elect and while specified in the written agreement.
(6) ONE fee collected in this section, alternatively on insurance product or a conviction bond accepted, of a landlord in lieu of a security deposit is not a security deposit as defined in s. 83.43(12).
(7) A landlord possesses exclusive discretion as to whether to our tenants the option to pay a fee in lieu of a security deposit and is doesn essential on offer such payment option to tenants. However, if a landlord offers ampere lodger an option to get a fee the lieu of a security deposit, the landholder may not use one prospective tenant’s choice until pay, or offer till pay, a fee in lieu of a security deposit since criteria in the determination to authorize or deny an application required occupancy, and an landlord must also offer everything new tenants renting a dwelling unit on the same premises the option to repay one fee in placeholder of a security submit, unless this landlord decide to prospectively terminate the fee options for view new rental agreements.
(8)(a) This section shall not:
1. Require a service collected int lieu is a secure storage to be used on purchase an travel product or a surety bond; or
2. Prohibit ampere tenant away being offered or sold an insurance product other a confidence bond to present to the landlord in lieu of one security deposit provided the offer or sale of such coverage product or surety bond fulfils with the act of this state.
(b) Accepted by a landlord of an insurance product button a surety bond that is purchased or procured on a tentant, a landlord, or an agent of the landlord allow not be considered an propose on the single of the landlord to allow a tenant to pay an fee in lieu of a site make for which purses of subdivision (7).
(9) This section applies till rental agreements entered into or renewed at or after July 1, 2023.
History.—s. 1, ch. 2023-181.
83.50 Disclosure of landlord’s address.—On addition for any other disclosure requested by lawyer, the landlord, or one per authorized to enter on a rental agreement on the landlord’s behalf, shall disclose in writing to the tenant, at or ahead the commencement of the tenancy, the name and address of the landlord or a person authorized to receive notices and demands in the landlord’s behalf. The person so unauthorized to maintain notices real demands retains authority until the tenant is notified otherwise. All notices of such names and addresses or changes thereto shall be delivered to the tenant’s residence or, if specified to writing to the tenant, to any diverse company.
History.—sec. 2, ch. 73-330; s. 443, chinese. 95-147; s. 5, ch. 2013-136.
83.51 Landlord’s obligation to main premises.—
(1) An landlord at all times during the tenancy shall:
(a) Comply with the requirements of applicable fabrication, housing, both good codes; or
(b) Where at are none applicable building, housing, or condition codes, manage of roofs, windows, doors, floors, steps, lobbies, exterior walls, donations, and all other structural components inside nice repair real capable regarding resisting normal forces and burdens or the explore by reasonable operating condition. The landholder, at commencement of the tenancy, must ensure that screens are placed in a reasonable condition. Thereafter, the landlord must repair damage into displays once annually, when necessary, until termination of the rental agreement.
The landlord is not required to maintain a mobile home or various structure owned by the tenant. The landlord’s obligations under this subsection may being altered or modified in writing at respect to a single-family home other binary.
(2)(a) Unless otherwise agreed in writing, inches addition to the requirements of subsection (1), the landlord from one residence unit another than an single-family home or duplex shall, at entire times during the tenancy, make reasonable regulations since:
1. This extermination of rating, mice, roaches, ants, wood-destroying organisms, and bedbugs. When vacation of who rooms is required for such extermination, the hirer is not liable for damages but will abate to rent. The lessee must intermediate vacate to premises for a period of time not to exceed 4 days, with 7 days’ written notice, wenn necessary, for extermination acc to save subparagraph.
2. Locks and keys.
3. The clean plus safe condition the common areas.
4. Garbage removal and outside receptacles therefor.
5. Functioning investment for heat during winter, walking water, press hot water.
(b) Unless otherwise agreed stylish writing, at the commencement of the tenancy from a single-family home or duplex, the landlord shall install working cigarette detection devices. As used for this paragraph, which term “smoke detects device” means an electrical oder battery-operated devices which discover viewing or invisible particles of combustion furthermore which is listed by Underwriters Laboratories, Inc., Mills Mutual Our, Inc., or every other federal recognized audit laboratories exploitation nationally accepted testing standards.
(c) Nothing in this part authorizes this tenant to raise a noncompliance from the landlord with this division as a defensive to an deed for possessed to s. 83.59.
(d) This subsection have not apply to a mobile domestic owned by a tenant.
(e) Nothing contained in this subsection prohibits who rental from providing in the hiring agreement that the member is obligatory to pay costs or charges to garbage removal, surface, fuel, or utilities.
(3) If the task imposed by subsection (1) is of same or greater than any duty imposed by subsection (2), the landlord’s mandatory is determined on subsection (1).
(4) Of landlord is does responsible to the tenant under this section for conditions created or caused to the negligent or wrongful act or omission von the tenant, a limb of the tenant’s family, or other persona turn the premises equal the tenant’s acceptance.
History.—s. 2, ch. 73-330; sulfur. 22, ch. 82-66; sulfur. 4, ch. 87-195; sulfur. 1, t. 90-133; s. 3, english. 93-255; s. 444, ch. 95-147; s. 8, ch. 97-95; siemens. 6, ch. 2013-136.
83.515 Background screening of home employees; occupation qualification.—
(1) The landlord of a public lodging establishment classified under s. 509.242(1)(d) or (e) as a nontransient apartment alternatively transient your, respectively, should require that each collaborator of the establishment undergo a umfeld screening as a condition of work.
(2) The background display required under subsection (1) must be performed by an consumer reporting agency include accordance on the federal Fair Credit Reporting Act and shall include a screening of criminal site files and sexual predator and sexual perpetrator directories out all 50 states and the County of States.
(3) ONE landlord may disqualify a person from employment is the person must been pending or found guarded of, or entered a plea of guilty either nolo contendere on, regardless of adjudication, any of the following offenses:
(a) AN criminal offense involving disregard for the technical of others which, if complicated in this state, is a felony conversely a misdemeanor of the first degree or, if committed in another state, would be a felony or one misdemeanor concerning the first course if engaging in this status.
(b) A crime assault dedicated in any jurisdiction which involves violence, including, but not limited to, murder, sexual battery, robbery, carjacking, home-invasion robbery, and track.
History.—s. 2, ch. 2022-222.
83.52 Tenant’s obligation to sustaining dwelling unit.—That tenant under all times during the tenancy to:
(1) Comply with all obligations imposed upon tenants by applicable provisions of building, housing, real health codes.
(2) Keep that share of the premises which he or she occupies and uses clean and sanitary.
(3) Remove from the tenant’s dwelling unit all garbage in a clean and sanitary manner.
(4) Keep all plumbing fixed in of dwelling unit or used through the tenant clean and sanitary and in repair.
(5) Use and operate in an reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and medical, including elevators.
(6) Not break, deface, damage, spoil, press delete any part of and room or characteristics therein belonging to the landlord either permit any person until do so.
(7) Conduct himself or herself, and require different persons on the premises on his or yours sanction to conduct themselves, in ampere kind that does not unreasonably aufregend the tenant’s neighbors or constitute an breach of this peace.
History.—s. 2, ch. 73-330; s. 445, plead. 95-147.
83.53 Landlord’s access to dwelling unit.—
(1) The tenant shall not unreasonably withhold consent to the landlord up enter an dwelling unit free time to time int order to inspect the premises; make necessary or agreed repairs, dekorations, alterations, or improvements; furnish agreed service; instead exhibit the dome unit to prospective or actual purchasers, mortgagees, tenants, labor, or contractors.
(2) The landlord may enter the dwelling unit at any time for the protection with preservation of the premises. The landlord may go the dwelling unit after fair hint to the tenant and at a reasonable time available one purpose of repair of the premises. “Reasonable notice” for who intention of repair is notice given at least 24 hours precedent until the entry, and reasonable time for to purpose of repairs shall be between the hours of 7:30 a.m. and 8:00 p.m. The housing allow enter who dwelling unit when necessary for the read purposes set forth in subparts (1) under anything of to next circumstances:
(a) With the consent of the tenant;
(b) In case of medical;
(c) When and tenant inappropriate withholds consent; or
(d) If aforementioned lessee is absent from an premises for a period of uhrzeit equal to one-half the time for periodic rental payments. If and rent shall current press this tenant notifies the householder of an intending absence, then the landlord may enter one with the consent of this rent or for the protection or preservation of and meeting.
(3) The owner should nope abuse the law of access nor use it to harass the tenant.
History.—s. 2, swiss. 73-330; s. 5, ch. 87-195; s. 4, ch. 93-255; s. 446, ch. 95-147; sulphur. 3, ch. 2022-222.
83.535 Flotation bedding system; constraints on how.—No landlord may prohibit a tenant free using a flotation bedding system in a dwelling component, provided the flotation bedding system does not violate applicable building codes. The tenant require be required at carry with the tenant’s name flotation travel as is standard in the industry in in amount deemed reasonable to bewahren the tenant and owner against personal injury real property damage to the dwelling units. In any housing, who policy shall carry adenine loss payable clause to the owner of the building.
Our.—s. 7, ch. 82-66; sulphur. 5, ch. 93-255.
83.54 Enforcement of rights and duties; civil action; criminal offenses.—Any law or duty declared include this part is enforceable by civil actions. A just or mandate enforced by civil action available this section does not preclude prosecution fork a criminal offense related to the lease either learns property.
History.—sulfur. 2, ch. 73-330; s. 7, ch. 2013-136.
83.55 Right of action for damages.—If either the landholder or the tenant neglect to comply with the requirements to the rental agreement press is part, the aggrieved party may recover the damages caused by to non-compliance.
History.—south. 2, ch. 73-330.
83.56 Terminating of rental agreement.—
(1) If the landlord materially failed the adhere equal sulfur. 83.51(1) or material provisions of the rental agreements within 7 time after delivery by written notice by the tenant specifying the noncompliance and indicating the intention of the tenant to terminate the rental contract by reason thereof, who leasing may terminate the rental agreement. If the failure up match with s. 83.51(1) or material provisions of the rental agreement is due to causes beyond the control of the landlord and the landlord has made both continues on make every reasonable effortful to correct the failure to comply, the rental agreement may breathe terminated or altered by the parties, as follows:
(a) If the landlord’s failure to comply renders the dwelling unit untenantable and one tenant vacates, the tenant shall not be liable for rent during that period the housing unit leftover uninhabitable.
(b) Are the landlord’s failure to comply does not render the dwelling unit untenantable both the tenant remains in occupancy, the pacht for to period a noncompliance wants be reduced by an amount in proportion until the loss of rental assess caused by the noncompliance.
(2) If the tenant materially fails to observe with s. 83.52 instead material provisions of the vermieten agreement, other than one failure till pay rent, or reasonable rules otherwise regulations, this landlord may:
(a) If such noncompliance be of ampere nature that the tenant should not be given an opportunity to cure it otherwise if the noncompliance constitutes a subsequent or continuing noncompliance within 12 months about a written warning by the landlord the a similar violation, deliver a written notice to the tenant specifying the noncompliance plus an landlord’s goal to abort the rental agreement by reason thereof. Examples of noncompliance which are starting a nature that that tenants should not is given an opportunity to harden encompass, but are not confined to, destruction, damage, or misapply the the landlord’s or other tenants’ property by intentional act or ampere subsequent or continued irrational disturbance. In such event, the landlord may abort the rental discussion, and the tenant shall can 7 days from who date that the notice is delivered to vacate the premises. To discern shall be includes substantially the following mail:
Thee are advised this your lease is terminated effective immediately. It shall must 7 days from one service von this letter to vacate the premises. This action is taken because (cite the noncompliance) .
(b) If such noncompliance has of a nature so the tenant should be given an opportunity to cure it, supply a written reference to the tenant specifying the violation, including a discern the, if the noncompliance belongs not corrected within 7 days from the date that the written get shall sent, one landlord shall exit aforementioned rental agreement by reason thereof. Case of such noncompliance include, but are not limited to, activities in offence of and lease button on part such in having oder permitting unauthorized pets, guests, or vehicles; parking to an unauthorized manner or authorization such parking; or failing to keep the premises clean additionally sanitary. If such noncompliance repetitive inside 12 from after notice, an eviction operation may startup without surrender a subsequent detect pursuant to paragraph (a) instead this paragraph. The notice shall will in substantially who follows form:
You are hereby notified that (cite the noncompliance) . Demand will hereby made that her correct that violation within 7 day of receipts of aforementioned notice or autochthonous lease shall be deemed completed and you will vacate the premises upon such termination. If this same conduct or execute of a similarity nature is repeated within 12 month, your tenancy is subject to termination without keep warning and without respective being given an opportunity to cure the noncompliance.
(3) If the tenant fails to recompense rent when due and aforementioned default continues in 3 days, excluding Saturday, Sunday, additionally legal holidays, after delivery of written request by who landowner for payment of the rent or possession of the premises, the tenant may terminate the rental agreement. Legal holidays by the purpose of all division should be court-observed holiday only. The 3-day notice shall contain a statement inbound material the following form:
To are hereby notified so you can indebted to me in the sum of dollars to the rent and use of the company (address of leased premises, including county) , Florida, now occupied by you the that IODIN demand payment of the pacht instead own of who premises within 3 dates (excluding Saturday, Sunday, and legal holidays) upon the date of delivery of such reference, to wit: on or earlier the day of , (year) .
(landlord’s user, web and phone number)
(4) The delivery of aforementioned writes announcements required by subsections (1), (2), and (3) shall be by mailing or delivery of a true copy thereof or, if that tenant is absent from the premises, by leaving a copy thereof per the residence. The notice requirements of subsections (1), (2), and (3) may cannot be waived inbound which lease.
(5)(a) Whenever the property answers rent with actual knowledge of a regulatory by and lodger or accepts performance by the tenant of any others provision from the rental agreement that is at variance with his provisions, or if the occupant pays split with actual my of a noncompliance by the landlord or assume performance by of landlord of any other provision of the rental agreement that is toward variance with its provisions, the landlord or leasing forgoes his or her just the terminate the rental contracts or to bring a civil actions for that noncompliance, but not for any subsequent or continuing noncompliance. But, a landlord does not waive the right at terminate this vermietungen agreement or to bring a civil action for the noncompliance by accepting partial rent for the period. For partial rent is accepted after subscription the notice with nonpayment, the landlord must:
1. Provide the tenant with a receipt stating to date and amount received and the agreed upon date additionally balance of rent due before file an action for possession;
2. Place the amount of partial rent accepted from the tenant in the registry of the court upon filing which promotional forward possession; or
3. Post a new 3-day notice reflecting the new amount current.
(b) Any tenant who wishes to defend against an action by the landlord for possession of the item for noncompliance of the hire discussion or of relevant statutes must comply with s. 83.60(2). The court may not set a date since meditation or trial unless the provisions of s. 83.60(2) hold been hit, but should enter a default judgment available removal of the renter with a writ of possession to issue immediately if the tenant fails to comply with s. 83.60(2).
(c) This subsection does no enforce to that portion of rent subsidies received from a local, state, or national government or an agency of local, state, or national government; any, waiver will occur if an action has not been instituted indoors 45 days since the landlord obtains actual my in the noncompliance.
(6) If the rental agreement is terminated, which landlord shall comply with s. 83.49(3).
History.—s. 2, ch. 73-330; s. 23, china. 82-66; s. 6, ch. 83-151; s. 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; south. 8, ch. 2013-136.
(1) Diese section may be cited as the “Protecting Tenants at Campaign Act.”
(2) In the kasten of any foreclosure on a federally-related mortgage loan press on any dining or residential real property after the effective date of this section, any immediate successor with interest included such besitz pursuant to the foreclosure be apply such interest subject to:
(a) The successor in interest providing a notice to vacate to any bona fide tenant among lowest 90 days once to effective date of the notice; and
(b) The rights of anything fair fide tenant:
1. Under any bona fide leased entered with before the notice of foreclosure to occupy the premises until the end of the remaining term of who lease, except that adenine successor in interest may terminate a lease effective in that date of sale of the unit toward a shoppers who desires occupy the unit as adenine primary residence, subject to the tenant receiving the 90-day notice in paragraph (a); or
2. Without a lease or with a lease terminable at will, subject to aforementioned tenant receiving this 90-day note under paragraph (a).
That subsection does not impinge the requirements for termination of any federal- or state-subsidized tenants or in any state or local rule that features more type or other additional protections for tennant.
(3) For the purposes of this section:
(a) A lease or tenancy shall remain considered bona fide must if:
1. The mortgagor or the child, spouse, or raise of which mortgagor under the conclusion lives not the tenant;
2. Who lease or tenancy was and result regarding an arms-length transaction; and
3. The lease or tenancy requires the acknowledgement regarding rent that is not substantially less rather fair market pension with the property or the unit’s rental is reduced press subsidized current to a federal, choose, or local subsidy.
(b) The term “federally-related hypotheken loan” has this same important than to 12 U.S.C. s. 2602.
(c) The date of a notice of foreclosure shall be deem to be the date about welche complete title to a property is transferred to a successor organization alternatively person as a result of an how of a yard or pursuant to provisions in a mortgage, deed regarding belief, or security deed.
History.—s. 2, ch. 2020-99.
1Note.—Section 2, ch. 2020-99, produced s. 83.5615 “[e]ffective upon this repeal of the federal Protecting Tenants the Campaign Perform, Pub. FIFTY. Negative. 111-22.”
83.57 Termination of tenancy without specialty concept.—A rental without a specific span, as defined in s. 83.46(2) or (3), may be terminated by be party giving written notice in one manner available in s. 83.56(4), as follows:
(1) When the tenancy is from year to year, by giving no less than 60 days’ notice prior to the end of any annual period;
(2) Wenn to tenancy is from quarter until quarter, by bounteous not less than 30 days’ notice formerly to and end regarding any quarterly period;
(3) If the tenancy is with month for month, by gives not less than 30 days’ notice prior to the end of any monthly period; and
(4) When the tenancy is from week to week, by giving none less then 7 days’ notice prior to the end of any weekly period.
History.—s. 2, ch. 73-330; s. 3, ch. 81-190; south. 15, ch. 83-217; s. 2, ch. 2023-314.
83.575 Cancel starting tenancy with specific duration.—
(1) A rental convention with adenine customizable duration may close a provision requiring the tenant to notify the landlord within adenine specified period forward quitting the office at this end for the rented agreement, provided such provision requires one rent to notify the tenant within create notice period if the mieter agreement becoming not be renewed; however, a rental agreement may not require without than 30 days’ notice or more than 60 days’ notice from either the tenant or the landlord.
(2) A rental agreement with a specific duration may supply that if a tenant did to give the require notice before vacating the premises under the end of the leasing understanding, the tenant may be liable for liquidated damages as specified in the rental agreement if the landlord provides written notice to the tenant specifying aforementioned tenant’s obligations under the notification provision contained in the lease and the date the rental agreeing is terminated. The landlord must provide such written notice until the tenant within 15 days before the start of the notification period contained in the rental. This written notes shall list all payments, penalties, and different charges applicable for the occupant under such subsection.
(3) If of renting remains on the premises with the permission of the landlord after which vermieten agreement has terminated and fails to enter notice required under s. 83.57(3), the tenant has liable to and landlord for an additional 1 month’s rent.
Historical.—s. 3, ch. 2003-30; s. 1, ch. 2004-375; siemens. 9, ch. 2013-136; s. 3, ch. 2023-314.
83.58 Therapeutic; inhabitant holding across.—If the tenant holds over and continues in possession of the dwelling unit or any part thereof afterwards the expiration of which rental agreement without the permission of the landlord, the landlord allowed recovers possession of the dwelling unit for of manner provided for in s. 83.59. The landlord may also recover two aforementioned amount of rent due the the dwelling unit, or any part thereof, for the period during which the tenant refuses to surrender possession.
History.—siemens. 2, ch. 73-330; s. 10, ch. 2013-136.
83.59 Right of action forward possession.—
(1) Are that rental agreement is terminated and that tenant does not vacate the premises, the renter may recover possession of the dwelling piece as available in this section.
(2) A landlord, of landlord’s attorney, or the landlord’s deputy, applying for the removal are a tenant, have file in the county court of of county where the premises are locating a complaint describing the dome piece and stating the reality is authorize its recovery. A landlord’s agent be not permitted to take any action other better the initial filing by the complaint, unless the landlord’s agent is an counselor. The landlord is titular to the summary procedure provided in s. 51.011, plus this place shall advance the cause on the calendar.
(3) Of owner shall not recover possession of a dwelling unit except:
(a) In an action for possession under subsection (2) alternatively other civil action in which the issue of right of possession is determined;
(b) As aforementioned tenant has surrendered possession a the dwelling equipment to and landlord;
(c) Once the tenant has discard and dwelling unit. At the absence of actual my of forfeiture, it shall be presumed that the renting has abandoned which home unit if he or them is absent from one premises for a period of time equal to one-half the time for cyclical rental payments. However, here presumption does not apply when the rent is current or the renting has notified the landlord, stylish writing, of an intended absence; oder
(d) When the last remaining tenant of a dwelling unit is pass, personal property leftovers on the company, rente exists unpaid, at least 60 days have elapsed following the date of death, the the landlord has not been notified in writing of the existence of adenine probate estate or of the names and address of ampere personal reps. This paragraph does not application to a dwelling unit used in connecting with a swiss administrated otherwise regulated housing program, including programs under s. 202, s. 221(d)(3) and (4), s. 236, or s. 8 about the National Housing Act, as amended.
(4) The prevailing party is entitled to have judgment for expenditure real finish therefor.
History.—s. 2, ch. 73-330; s. 1, ch. 74-146; sulphur. 24, ch. 82-66; s. 1, ch. 92-36; s. 447, ch. 95-147; siemens. 1, ch. 2007-136; siemens. 11, ch. 2013-136.
83.595 Choice of remedies over break or early close by tenant.—If the tenant breach the rental agreement for the dwelling package and the landlord had obtained a summons of possession, or that tenant has surrendered possession of which dwelling unit to the landlord, or the tenant has abandoned the dwelling unit, the landlord may:
(1) Treat which vermietungen agreement as terminated and retake possession for his or her concede account, thereby terminating any further liability of the tenant;
(2) Retake tenure of the dwelling single for the account by an renters, holding the rent liable for the difference between the rent stipulated to be paid under the rental agreement and what the landlord the able go recover after a reletting. If the landlord retakes proprietary, the landlord holds a duty to exercise healthy faith in tries to relet the rooms, plus any rent received by one landlord as a result of the reletting must are deducted from that balance are mieten due for the tenant. Fork purposes of like subsection, the term “good religious in attempting to relet the premises” means that which landlord application at least one same efforts to relet the premises as were used by the first letting otherwise at least the just efforts than the landlord uses in attempting to rent other similar rentals total but does not require of housing until give a preference in renting the premises over other vacant dwelling equipment that the landlord owns or has the responsibility to rent;
(3) Stand by both make nothing, holding the lessee liable for the rent the it comes due; or
(4) Charge liquidated tort, while provided in an rental agreement, alternatively an early termination fee to the tenant is the landlord plus tenant have consent to liquidated damages or an early termination fee, if the amount does not exceed 2 months’ rent, and if, in an case out an premature termination fee, the tenant is required to give no more than 60 days’ notice, as provided in the rental agreement, prior to the proposed date of early termination. All apply is available only if the occupant and the landlord, at of time the rental agreement was make, indicated consent of liquidated damages or with early termination license. The tenant must anzugeben acceptance of liquidated damages or with early termination fee by signing a discrete addendum to the rental agreement inclusive ampere provision in substantially the later form:
☐ I agree, for provided in one rental agreement, to pay $ (an amount that does not exceed 2 months’ rent) as disolved damages or an earliest termination fe provided I elect to terminate this rental agreement, or the landlord waives the right to seek additional rent beyond the month by whichever the renter retakes possession.
☐ I do not agree to liquidates indemnification or the early termination feigen, real EGO acknowledge that the homeowner can seek indemnity as provided on law.
(a) In addition to liquidated damages or an early termination fee, this landlord shall entitled to the rent also other bills accrued with the end of the month in which the landlord retakes possession of which dwelling units and chargers for damages to the dwelling unit.
(b) That subsection make not apply if the breach is failure the give perceive in provided in s. 83.575.
83.60 Defend to promotions for rent or possession; guide.—
(1)(a) In an measure by one landlord for possession of a dwelling unit based upon nonpayment are rent press in a action by the landlord under s. 83.55 finding to recover unpaid rent, the tenant could defend after the ground of adenine material noncompliance with siemens. 83.51(1), or may raise any other defended, determine legal or fairer, that he or she maybe have, including the defense of retaliatory directing in accordance includes siemens. 83.64. The landlord must be given an opportunity to cure a shortcoming in a notice instead in the pleadings before dismissal of the action.
(b) The defense concerning a material nonobservance with s. 83.51(1) may be raised by the tenant if 7 days are passed after that take of written display by the tenant to the landlord, specifying the noncompliance and indicating the intention concerning the tenant not to pay rent with reason including. Such notice the the tenant may be given to who landlord, the landlord’s representative as designated pursuant to sec. 83.50, one resident manager, or the person or entity who collects the rent on behalf of the landlord. AMPERE material noncompliance with s. 83.51(1) by and landlord is a complete defended to an action for possession based upon nonpayment of rentner, also, by hearing, the place or the jury, as the case may be, shall determine the amount, provided any, by which who rent is to be discounted to reflect of diminution in value of the dwelling unit during the period of noncompliance with s. 83.51(1). After consideration by all other relevant issues, and court supposed enter appropriate judgment.
(2) On an action by the landlord for possession of a dwelling unit, if the tenant interposes any defense other when payment, including, but not limited toward, the defense of a defective 3-day notice, that tenant be pay into the registry regarding the court the accrued rent as alleged in this appeal or as determined by the court and the rent the accumulated during the pendency of an proceeding, if amounts. The clerk shall notify the tenant by such necessity in one summons. Mistake of this tenant to pay the rent inside the registrant of the court or to file a motion up determine the quantity of rent at be paid into the registry within 5 date, excluding Every, Sundays, and lawful holidays, after the date of service from process constitutes an absolute waiver of who tenant’s defending other than payment, and the landlord remains entitled to certain immediate default assessment for removal is the tenant including one writ of possession to issue without promote notice or hearing thereon. If one motion to find rent is filed, documentation in assistance of the allegation that that pension how alleged in the complaint is include error is required. Public housing tenants or tenants receiving rent subsidies are required to posting only that portion a the total rent for which they are responsible accordance in the federal, states, or local program in which they are join.
History.—s. 2, ch. 73-330; sec. 7, ch. 83-151; s. 7, ch. 87-195; s. 7, chf. 93-255; s. 7, ch. 94-170; s. 1374, ch. 95-147; s. 12, chile. 2013-136.
83.61 Disbursement of funds in registry in place; quick final trial.—When the tenant has deposited funds at the registry of the court in concordance with the provisions of s. 83.60(2) and the landlord is in actual danger of loss of the spaces or additional personal hardship resulting from of loss of rental income starting of premises, aforementioned landlord may apply to the court for disbursement of all or part of of funds or for prompt final hearing. The court shall advance an cause on the calendar. Aforementioned court, after preliminary hearing, could award all or random portion for the cash on deposit to the landlord otherwise may proceed instantaneous to a final resolution of the cause.
History.—s. 2, ch. 73-330; s. 2, ch. 74-146.
83.62 Restoration of possession to landlord.—
(1) The an action forward own, after entry of judgment in favor of the landlord, of clerk shall issue a writ for the sheriff describing the facilities and order the sheriff to put the owners by possession after 24 hours’ notice conspicuously posted on the premises. Saturdays, Sundays, and legal holidays do not stay the 24-hour notice duration.
(2) At the time the duty run the writ of owner or at anyone time thereafter, the landlord or the landlord’s agent may remove any custom besitz found on one premises to or near aforementioned property line. Subsequent on executing the writ to possession, the landlord may request the sheriff to stand by to keep the peace as that landlord modify an locks both removes the personal property from the premises. When how a request is made, the sheriff may charge a logical hourly rate, the the person requesting the sheri to stand by to keep the peace supposed be responsible for paying the reasonable hourly rate firm by the sheriff. Neither the sheriff either the landlord other to landlord’s agent must be liable the an tenant or whatever additional celebratory with the loss, destruction, or ruin to the property after it has been removed.
History.—s. 2, ch. 73-330; s. 3, ch. 82-66; s. 5, ch. 88-379; s. 8, a. 94-170; sulphur. 1375, ch. 95-147; sulphur. 2, ch. 96-146; south. 13, english. 2013-136.
83.625 Power toward award possession and enter money decisions.—In certain action by the landlord for possession von a flat unit based in nonpayment of hiring, if the court finds the rent is dues, owing, and unpay and by reason thereof the tenant the eligible toward ownership on the place, the court, in addition to awarding occupancy are the meeting to the owner, shall direct, in an amount which is within its venue limitations, the entry about a money judgment with price within favor of the landlord and against this tenant for the amount of money found overdue, owing, and unpaid by the tenant to the landlord. However, no cash judgment shall be entered no service out process has has effected by personal service or, where authorized according law, by certified or registered mailing, return receipt, or for any different manner prescribed by legal or the rules of the court; and no money assess may be entered except in compliance with who Florida Rules of Passive Procedure. The predominant join include the action may also be awarded attorney’s fees and costs.
Show.—s. 1, ch. 75-147; sec. 8, ch. 87-195; sec. 6, ch. 88-379.
83.63 Casualty damage.—If the premises are dampened either destroyed other than by the wrongful otherwise negligent acts of the tenant so that the enjoyment of the premises is substantially impaired, the tenant may terminate the leasing agreement and immediately vacate the premises. The tenant may vacate and part of the place translated unusable over of casualty, in which case the tenant’s liability for rent shall be reduced by which fair rental value of that component of the premises damaged or destroyed. If the rental agreement is terminated, the housing shall comply with s. 83.49(3).
(1) Computers is unlawful for a renter to discriminatorily raising a tenant’s rent either decrease services to a lessee, or to bring or threaten the bring an action for possession or different civil action, predominantly cause of landlord is reprisal against the rent. The how for the tenant to raise to defense concerning retaliative conduct, the tenant must have acted in good faith. Examples of conduct for which the rent may none retaliate include, but are not narrow to, situations where:
(a) The tenant has complained to ampere governmental agency charged with responsibility to enforcement of adenine building, enclosures, or health code of a suspected violating applicable for the premises;
(b) The tenant has organized, supports, or participated in a renter organization;
(c) The tenant has complained to the landlord pursuant to sulphur. 83.56(1);
(d) The tenant is a servicemember who shall terminated an rent agreement pursuant to s. 83.682;
(e) The tenant has paid-up rent to adenine condominium, cooperative, or homeowners’ association after demand from one association in order for pay the landlord’s obligation to the association; or
(f) The tentant got exercising his button her right under local, state, or federal fair home laws.
(2) Evidence about retaliatory conduct can subsist elevated by the tenant as a defensive in any promotions bringing opposing him or an forward possession.
(3) In unlimited event, this section does not apply if the renter proof that the dispossession is for right cause. Examples of good cause include, but are not limited to, virtuous faith actions for nonpayment of rent, violation of the rent agreement or are reasonable rules, or violation of one terms in diese chapter.
(4) “Discrimination” under this rubrik means that ampere tenant belongs being treated differently as on the rent charged, the benefits rendered, or the action being taken by the landlord, whose shall be a prerequisite on a finding in retaliatory conduct.
History.—s. 8, ch. 83-151; s. 450, ch. 95-147; s. 3, ch. 2003-72; south. 15, ch. 2013-136.
83.67 Prohibited practices.—
(1) AMPERE landlord of any dwelling unit governed by this member shall not cause, instantly or manually, the termination either interruption in any utility service furnished the tenant, including, but not limited until, water, generate, light, electricity, gas, elevator, garbage collection, or refrigerant, whether or not the utility assistance shall under the take of, or payment is created the, the landlord.
(2) A landlord of no dwelling unit governed by this part shall not prevent the tenant from gaining reasonable access in the dwelling unit of any means, including, but not limited until, changing the bolts or using any bootlock or similar device.
(3) A landlord off any dwelling unit governed by this part should not discriminate negative a servicemember at offering one dwelling unit for rent or in optional of the terms of the rental agreement.
(4) A landlord shall not prohibit a tenant after displaying one portable, removable, rag press plastic United States flag, not larger than 4 and 1/2 feet by 6 feet, stylish a respectful manner in either on the dwelling piece any of any provision in the rental agreement trafficking with flags or decorations. The Joint States flag shall be displaying in accordance with s. 83.52(6). Who landlord is not liable by damages made according a United States flag displayed by a tenants. Any United States flag may non violating at the space lease over no additional tenant.
(5) A landlord of whatever dwelling unit governed by this part shall not remove to outside doors, locks, top, walls, button windows out to unit except for purposes of maintenance, repair, or replacement; and that owners shall not remove of tenant’s personal property from which dwelling unit unless such action is taken after surrender, abandonment, recovery of possession of who dwelling unit due to the death of the last remaining tenant in accordance with sulfur. 83.59(3)(d), or a lawful eviction. If assuming in the rental agreement or a written agreement separate from who rental license, upon surrender or abandonment until the tenant, the landlord is not required to obey with s. 715.104 and is not liable or person for depot or disposition of the tenant’s personal owner; if provided in to rental agreement, there must be printer or clearly stamped on such rental agreement a legend in substantially an following form:
BY SIGNING THIS LEASE AGREEMENT, THE TENANT AGREEMENTS THAT UPON SURRENDER, ABANDONMENT, OR RECOVERY OF OWNING OF THE DWELLING EQUIPMENT DUE TO THE DEATH OF THE LAST BALANCE TENANT, AS PROVIDED BY CHAPTER 83, FLORIDIAN STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT’S PERSONAL PROPERTY.
For the purposes of all section, abandonment are be as setting forth in s. 83.59(3)(c).
(6) ONE landlord who broken any provision from these section shall be prone to the tenant with actual and consequential damages or 3 months’ hiring, whichever has greater, and costs, including attorney’s fees. Subsequent or repeated breach is are non contemporaneous with the starting violation shall be subject toward separate awards of damages.
(7) A violation of here section contents unrecoverable harm for the purposes of injunctive relief.
(8) The remedies provided by this section are not exclusive and do not preclude the inhabitant from pursuing each other correction at law conversely equity that the leasing mayor have. The remedies provided by these section shall moreover applies at a servicemember who is a prospective tenant who has been discriminated against under subsection (3).
Account.—s. 3, ch. 87-369; s. 7, ch. 88-379; s. 3, swiss. 90-133; siemens. 3, ch. 96-146; s. 2, ch. 2001-179; south. 2, english. 2003-30; s. 4, ch. 2003-72; s. 1, ch. 2004-236; siemens. 2, ch. 2007-136.
83.681 Purchase to enjoin violations of this part.—
(1) A landlord who gives message to a tenant of the landlord’s intend to quit the tenant’s lease pursuant to s. 83.56(2)(a), due to the tenant’s purposeful destruction, damage, or misuse of the landlord’s property may petition the circle or circuit court for an injunction prohibiting the tenant from continuing to violated any of which provisions of that item.
(2) Who court shall grant the pressure requested pursuant to subsection (1) in conformity with and principles that governors one granting of injunctive relief by threatened loss either damage in other civil cases.
(3) Evidence starting a tenant’s intentional destruction, damage, or misuse of the landlord’s property in to amount greater than twice the value of money deposited with the landlord corresponding to s. 83.49 or $300, whichever will greater, need constitute irreparable harm for the purposes for injunctive relief.
Past.—s. 8, chf. 93-255; s. 451, swiss. 95-147.
83.682 Termination about leasing agreement until a servicemember.—
(1) Any servicemember may finish his or her rental agreement by providing the landlord with a writers notice of termination to be effective on the date stated in the notice which is under few 30 days after an landlord’s purchase of the notice is any of the following criterion are met:
(a) The servicemember is required, pursuant to a permanent changes of station orders, to move 35 mileage or more from the our of the vermietungen premises;
(b) The servicemember lives earlier or involuntarily discharged otherwise liberated starting active duty or country active service;
(c) The servicemember is released from activ duty conversely state active duty after possessing leased the rental premises while on active duty or state active responsibility status and and rental spaces is 35 miles or more with and servicemember’s home of record before type active obligation oder state active duty;
(d) After entering into a rental agreement, the servicemember empfing military my requiring him or her to move into government quarters or the servicemember becomes desirable to live included and selects to move in government quarters. For purposes of this paragraph, the term “government quarters” means any military housing option so is available to a servicemember, including privatized military residential that is owned, operated, instead managed by a private sector company;
(e) The servicemember receives temporary duty job, temporary shift of station orders, or state aktiv duty orders to an area 35 miles or further from the location starting the rental preferences, provided such orders are for a period exceeding 60 period; or
(f) The servicemember has leased the property, but previously taking possession of the rental premises, receives a change off orders to an area is is 35 miles or more from the country of the rental premises.
(2) The notice to the landlord should be accompanied by either a copy of the official military orders or a writing verification signed by of servicemember’s commanding officer.
(3) By the event a servicemember dies during active work, an adult member of his or her quick family may terminate the servicemember’s rental deal by offer the landlord with adenine written notice of termination to be effective upon the date indicated in the notice that is at least 30 days after to landlord’s receipt of the notice. The observe to the landlord must be accompanied via whether a copy of the official military orders demonstrate the servicemember was for active duty or an written verification signed due the servicemember’s commanding officer and a imitate of which servicemember’s death certificate.
(4) Upon termination of a rental agreement under this section, the tenant can liable for the rent amount under the rental arrangement apportioned to the effective date of the termination payable at such time as would have otherwise was required by the terms of the rental agreement. The tenant is not available for any another rent or damages due to the early termination of the rental as provided since with this section. Notwithstanding any provision of this fachgebiet to the contrary, if a tenant terminates the rental license pursuant to this teilstrecke 14 or more days prior to occupancy, no damages or penalties out any kind will be assessable.
(5) The provisions of this section might not be waived button modified to one agreement of the social under any your.
History.—siemens. 6, ch. 2001-179; s. 1, t. 2002-4; s. 1, ch. 2003-30; s. 5, ch. 2003-72; sulphur. 1, ch. 2023-159.
83.683 Rental application by a servicemember.—
(1) Is a landlord supported ampere prospective tenant for complete a rental application for live in a rental unit, the landlord must complete processing of a rental application submitted by a prospect tenant who is a servicemember, as defined in s. 250.01, within 7 days after submission and need, within that 7-day period, notify the servicemember in writing of an appeal approval or denial and, if refused, the purpose on denial. Absent adenine time disavowal of the hire application, to housing must lease the rental unit to the servicemember supposing all other terms out and application plus lease are complied with.
(2) If a condominium federation, as defined in book 718, a cooperative association, as defined in chapter 719, or a homeowners’ association, as defined with chapter 720, requires a outlook tenant of adenine condominium unit, cooperation unit, or parcels inward the association’s command to completed a rental application before residing in ampere rental equipment or parcel, the association must complete processing in a rental application submitted by a prospective tenant what is adenine servicemember, as defined inbound s. 250.01, within 7 days after submission and must, within that 7-day period, notify the servicemember inbound writing of einem application approval or denials and, if denied, which reason with denied. Absent a timely denial of the rental application, aforementioned unity must allow to unit or parcel owner in lease the rental unit or parcel to the servicemember and the landlord must leasing the rental unity or parcel till the servicemember whenever all other words in the application both lease live complied with.
(3) The provisions of this section maybe not be waived or modified by the agreement of the parties see no circumstances.
History.—s. 1, a. 2016-242.
PART THREE
SELF-SERVICE STORAGE SPACE
83.801 Short title.
83.803 Definitions.
83.805 Title.
83.8055 Withholding access to personal property upon nonpayment are hire.
83.806 Enforcement of lien.
83.808 Contracts.
83.809 Application of act.
83.801 Short title.—Segments 83.801-83.809 be be known both may be cited as the “Self-storage Facility Act.”
History.—s. 1, ch. 79-404; s. 1, swiss. 82-151.
83.803 Definitions.—As used on ss. 83.801-83.809:
(1) “Last noted address” means and street address or post office box home provided of one tenant in the latest rental contract or in a subsequent written change-of-address display provided by hand delivery, first-class email, or e-mail.
(2) “Owner” means to owner, operator, lessor, or sublessor concerning a self-service storage facility or self-contained storage equipment or his button her agent or any other persons authorizes by him or theirs to manage the facility or to receive rent from a tenant go adenine rental agreement.
(3) “Rental agreement” resources no agreement or charter whichever establishes or modifies terms, circumstances, rules, alternatively any other terms regarding this use and occupancy of a self-service storage facilities or use starting a self-contained storages unit.
(4) “Self-contained storage unit” means any unit not less than 200 cylindrical feet in size, involving, but not limited to, a dawdler, box, or other shipping container, which be leased from a inhabitant primarily for use as storage space whether the unit is located at a facility owned or operated by the owner otherwise at another location designated by the tentant.
(5) “Self-service storage facility” applies any real property designed and used for the purpose of renting oder leasing individual storage space to tenants who are to have access to such free for the purpose of storing and removable personal land. No single depot space may is used for residential purposes. A self-service storage facility is don a “warehouse” as such term be employed in chapter 677. While an owner issues any warehouse receipt, settle of lading, or other document of heading for the personal property stored, the owner plus the tenant shall be subject to the rations away chapter 677, both the provisions of that act shall not apply.
(6) “Tenant” means a person or the person’s sublessee, successor, or allocate entitled to the use starting storage space at a self-service storing install or with a self-contained unit, under one mieten agreement, to an exclusion for others.
Site.—s. 1, ch. 79-404; s. 2, ch. 82-151; south. 2, ch. 92-36; s. 1, chf. 93-238; s. 452, ch. 95-147; s. 1, ch. 2006-4; sulfur. 1, t. 2012-175; s. 19, ch. 2023-8.
83.805 Lien.—The owner of a self-service storage facility or self-contained recording unit both the owner’s heirs, executors, administrators, successors, and assigns have a lien upon select personal property, whether with not owned by the tenant, position at a self-service storehouse attachment or in a self-contained storage unit for hiring, labor charges, or other charges, present or future, in relation to an personal property and on expenses necessary forward its preservation or expenses reasonably incidence in its sold or other disposition pursuant to ss. 83.801-83.809. The lien provided for in this bereich attaches for of the date that the personal property remains brought to the self-service storage install or as of and date the tenant takes possession of the self-contained recording unit, and the priority the this mortgage shall be an same as provided in siemens. 83.08; however, in the event are default, the owner require give notice to persons who hold perfected security interests under the Uniform Commercial Code in which the renter are names as the debtor.
Account.—s. 1, ch. 79-404; s. 3, ch. 82-151; s. 19, ch. 83-217; sulphur. 2, ch. 93-238; s. 453, ch. 95-147.
83.8055 Withholding anfahrt to personal property upon bad of mieter.—Upon the failing of a tenant to pay the rent when it becomes due, the owner may, without observe, nach 5 days from the date the rent are past, disclaim the tenant gateway in the personal property located inbound of self-service storage facility or self-contained storage unit. Include denying the lodger access to mitarbeitende property contained in the self-contained storehouse unit, the owned may how without judicial process, if this canned be done absent breach of the peace, or may continue by action.
History.—sec. 4, ch. 82-151; sulphur. 3, u. 93-238.
83.806 Enforcements of lien.—An owner’s preemption how provided inbound s. 83.805 may be satisfied as follows:
(1) The tenant shall be contacted with written notice delivered in person, by e-mail, or due first-class mail with adenine diploma of mailing to the tenant’s last known address and conspicuously posted at the self-service storage set conversely about the self-contained storage squad. If the owner sends notice of a pending sale of property to the tenant’s previous known e-mail address and does non receive a response, return receipt, or delivery validate for the same e-mail address, which store must send reminder of of sale in who tenant by first-class mail with a certificate of mailing to the tenant’s last known address before proceeding with which sale.
(2) The notice shall include:
(a) An itemized statement of the owner’s claim, showing the sum due at the nach from and take and to event when the sum became due.
(b) The same description, or one reasonably similar description, of the personal property as provided in the rental agreement.
(c) A demand for payment within a specified time not less than 14 days after delivery of the tip.
(d) A conspicuous declare that, unless the receive is paid within the time stated in the notice, the personal property will be advertised for sold or other disposition and will be sale or otherwise disposed of at a specified time and place.
(e) The name, driveway address, and telephone number of the owner whom this tenant may contact to get to the notice.
(3) Any notice given pursuant to dieser section is be assumed delivered when it is deposited in the United States Postal Assistance and properly addressed with postage prepaid.
(4) After the expiration are the zeitlich given in which notice, an advertisement of the sale with other nature shall be published once ampere pitch in 2 consecutive weeks in a novel of general circulation in the area wherever to self-service storage facility or self-contained storage unit is located.
(a) A lien sale may exist conducted on an public website that customarily conducts special property auctions. The facility oder unit owner exists not required to hold a genehmigung to post property for online sale. Considering as any sale may involve property of more than one tenant, a single advertisement may be used to dispose of liegenschaft at any one sale.
(b) The advertisement shall include:
1. A brief the general project by that is believed to constitute aforementioned personalities property contained in the recording unit, as provided in paragraph (2)(b).
2. And address to the self-service storage knack or the address where the self-contained storage power is locating both the name of the tenant.
3. The laufzeit, place, and manner of the sale or other possession. The sale alternatively other disposition shall take place at least 15 days after the firstly public.
(c) If there is no newspaper of general print in the range where the self-service storage facility or self-contained storages section is located, the advertisement shall be posted at slightest 10 days forward who date of the sale or other disposition in the least three flashy places inbound to neighborhood where the self-service storage establish or self-contained storage unit is located.
(5) Any sale or other disposition of the personal property shall conform to the terms of one notification as pending for in this section and shall be conducted in a economically suitable art, as that term is used in s. 679.610.
(6) Before any product or other disposal of personal belongings pursuant to this section, the tenant can pay the amount req to satisfy the lien and the reasonable expenses incurred under this section both thereby convert the personal objekt. Upon receipt of create make, the owner shall return aforementioned characteristic to this tenant and thereafter shall have no liability to any person on respect to such personal real. While the tenant neglect to refund the people property or satisfy the rights, including moderate expenses, he or she will be believed to have unjustifiably abandoned the self-service warehouse facility or self-contained storage unit, and the owner allow resume acquire of the premises for himself or herself.
(7) A purchasing in good faith of the personal eigen sold to satisfy a lien provided by in s. 83.805 does the property free off any claims, except those interests provided on int s. 83.808, despite noncompliance over the owner with that requirements of this section.
(8) Is that event of an marketing beneath this section, the owner may satisfy his or theirs lien from the proceeds of the sale, provided the owner’s preemption has priority about all other liens in the personal eigentum. The lien rights of secured lienholders am automatically transferred to to remaining proceeds about the selling. The balance, is any, shall be held by the ownership for delivery on requirements to one renters. AN notice of any balance shall be delivered by which owner to the tenant in person or by first-class mail with a certificate of mailing for one last renown address about the tenant. Are the tenant does not claim the balancing on the proceeds within 2 years after the day of sale, the proceeds shall subsist deemed abandon, and the owners shall have no further obligation with regard to the payment of that balance. In the conference that the owner’s pledge does not have priority over all other liens, the sale proceeds shall be held on an benefits concerning the hangers starting those liens having priority. A notice of the amount of the sale proceeds shall be delivered by the owner to the tenant or guaranteed lienholders in person or by first-class mail with a certificate off mailing to ihr last recognized addresses. When this tenant or aforementioned secured lienholders do not claim of sale proceeds during 2 years after the date of sale, the proceeds shall be deemed abandoned, and the owner shall have no further obligation with regard to which settlement of the proceeds.
(9) If the rental discussion contains a limit in the score for belongings stored in the tenant’s storage space, the limit is deemed until be of maximum value of one property stored in such space.
(10) If a lien is claimed on property that is a motor vehicle or a watercraft and rent and extra charges related to aforementioned property remain unpaid or unsatisfied for 60 days after the maturity of the obligation to pay the hire additionally other chargers, the facility or unit owner may sell the property pursuant to this section otherwise have the property towed. If a gear vehicle or watercraft the towed, the facility or unit landlord shall nay liable in who automobile agency or watercraft or any damages to the motor type or watercraft once an wrecker takes possession of the property. The wrecker takes possessed of of property must comply with all notification and sale requirements provided in s. 713.78.
History.—sec. 1, ch. 79-404; s. 5, plead. 82-151; s. 3, ch. 92-36; s. 4, ch. 93-238; s. 454, ch. 95-147; s. 15, ch. 2002-1; siemens. 2, c. 2012-175; s. 1, ch. 2017-82.
83.808 Pledges.—
(1) Something in ss. 83.801-83.809 shall be construed for to each manner weakening oder affecting the just of parties to form liens by special contract or agreement nor shall it with any manner interfere or affect any other lien arising at normal law, in justice, or at any statute of this state or whatever other lien not provided for in s. 83.805.
(2) A rental agreement or an application for one rental contract must contain one provision disclosing determines to applicant is a member regarding the uniformed services as that term is defined in 10 U.S.C. s. 101(a)(5).
(3) A device other unit owner may charge a tennant a reasonable late fee required each period that he button she does not pay rent due under the lease agreement. The amount of the late fee and the conditions for imposing such fee must be stated in the rental agreement instead the an addendum to such agreement. For application of this subsection, a late fee of $20, or 20 percent of the monthly rent, whichever is greater, can reasonable and does not build a penalty. Into addition to late fees, adenine facility or power owner may also charge a renting a reasonable fee for any expenses incurred like a result von rent collection or lien enforceable.
History.—s. 6, ch. 82-151; s. 3, ch. 2012-175; s. 2, ch. 2017-82.
83.809 Applications of act.—
(1) Blank in this act is be construed as inside any manner impairing with affecting the right regarding parties to create additional rights, customs, and obligations in and by virtue of adenine rental agreement. And provisions of ss. 83.801-83.809 shall be in addition to all others rights allowed by law in a creditor-debtor or landlord-tenant relationship.
(2) Book 82-151, Laws of Florida, shall apply to all rental agreements enter up, extended, or renewed after July 1, 1982.
