CIVIL PRACTICE AND PROCEDURE
CHAPTER 83
LANDLORD AND TENANT
PART II
RESIDENTIAL TENANCIES
Short title: This part shall be known as the
"Florida Residential Landlord and Tenant Act." Title
VI, Ch. 83, Sec. 83.40
Application: This part applies to the rental of
a dwelling unit. Title VI, Ch. 83, Sec. 83.41
Exclusions from application of part: This part
does not apply to:
(1) Residency or detention in a facility, whether public
or private, when residence or detention is incidental to the
provision of medical, geriatric, educational, counseling, religious,
or similar services.
(2) Occupancy under a contract of sale of a dwelling unit
or the property of which it is a part.
(3) Transient occupancy in a hotel, condominium, motel,
roominghouse, or similar public lodging, or transient occupancy in a
mobile home park.
(4) Occupancy by a holder of a proprietary lease in a
cooperative apartment.
(5) Occupancy by an owner of a condominium unit.
Title VI, Ch. 83, Sec. 83.42
Definitions: As used in this part, the following
words and terms shall have the following meanings unless some other
meaning is plainly indicated:
(1) "Building, housing, and health codes" means
any law, ordinance, or governmental regulation concerning health,
safety, sanitation or fitness for habitation, or the construction,
maintenance, operation, occupancy, use, or appearance, of any
dwelling unit.
(2) "Dwelling unit" means:
(a) A structure or part of a structure that is rented for
use as a home, residence, or sleeping place by one person or by two
or more persons who maintain a common household.
(b) A mobile home rented by a tenant.
(c) A structure or part of a structure that is furnished,
with or without rent, as an incident of employment for use as a
home, residence, or sleeping place by one or more persons.
(3) "Landlord" means the owner or lessor of a
dwelling unit.
(4) "Tenant" means any person entitled to occupy
a dwelling unit under a rental agreement.
(5) "Premises" means a dwelling unit and the
structure of which it is a part and a mobile home lot and the
appurtenant facilities and grounds, areas, facilities, and property
held out for the use of tenants generally.
(6) "Rent" means the periodic payments due the
landlord from the tenant for occupancy under a rental agreement and
any other payments due the landlord from the tenant as may be
designated as rent in a written rental agreement.
(7) "Rental agreement" means any written
agreement, or oral agreement if for less duration than 1 year,
providing for use and occupancy of premises.
(8) "Good faith" means honesty in fact in the
conduct or transaction concerned.
(9) "Advance rent" means moneys paid to the
landlord to be applied to future rent payment periods, but does not
include rent paid in advance for a current rent payment period.
(10) "Transient occupancy" means occupancy when
it is the intention of the parties that the occupancy will be
temporary.
(11) "Deposit money" means any money held by the
landlord on behalf of the tenant, including, but not limited to,
damage deposits, security deposits, advance rent deposit, pet
deposit, or any contractual deposit agreed to between landlord and
tenant either in writing or orally.
(12) "Security deposits" means any moneys held
by the landlord as security for the performance of the rental
agreement, including, but not limited to, monetary damage to the
landlord caused by the tenant's breach of lease prior to the
expiration thereof.
(13) "Legal holiday" means holidays observed by
the clerk of the court. Title VI, Ch. 83, Sec. 83.43
Obligation of good faith: Every rental agreement
or duty within this part imposes an obligation of good faith in its
performance or enforcement. Title VI, Ch. 83, Sec. 83.44
Unconscionable rental agreement or provision:
(1) If the court as a matter of law finds a rental
agreement or any provision of a rental agreement to have been
unconscionable at the time it was made, the court may refuse to
enforce the rental agreement, enforce the remainder of the rental
agreement without the unconscionable provision, or so limit the
application of any unconscionable provision as to avoid any
unconscionable result.
(2) When it is claimed or appears to the court that the
rental agreement or any provision thereof may be unconscionable, the
parties shall be afforded a reasonable opportunity to present
evidence as to meaning, relationship of the parties, purpose, and
effect to aid the court in making the determination. Title VI,
Ch. 83, Sec.
Rent; duration of tenancies:
(1) Unless otherwise agreed, rent is payable without
demand or notice; periodic rent is payable at the beginning of each
rent payment period; and rent is uniformly apportionable from day to
day.
(2) If the rental agreement contains no provision as to
duration of the tenancy, the duration is determined by the periods
for which the rent is payable. If the rent is payable weekly, then
the tenancy is from week to week; if payable monthly, tenancy is
from month to month; if payable quarterly, tenancy is from quarter
to quarter; if payable yearly, tenancy is from year to year.
(3) If the dwelling unit is furnished without rent as an
incident of employment and there is no agreement as to the duration
of the tenancy, the duration is determined by the periods for which
wages are payable. If wages are payable weekly or more frequently,
then the tenancy is from week to week; and if wages are payable
monthly or no wages are payable, then the tenancy is from month to
month. In the event that the employee ceases employment, the
employer shall be entitled to rent for the period from the day after
the employee ceases employment until the day that the dwelling unit
is vacated at a rate equivalent to the rate charged for similarly
situated residences in the area. This subsection shall not apply to
an employee or a resident manager of an apartment house or an
apartment complex when there is a written agreement to the contrary.
Title VI, Ch. 83, Sec. 83.46
Prohibited provisions in rental agreements:
(1) A provision in a rental agreement is void and
unenforceable to the extent that it:
(a) Purports to waive or preclude the rights, remedies, or
requirements set forth in this part.
(b) Purports to limit or preclude any liability of the
landlord to the tenant or of the tenant to the landlord, arising
under law.
(2) If such a void and unenforceable provision is included
in a rental agreement entered into, extended, or renewed after the
effective date of this part and either party suffers actual damages
as a result of the inclusion, the aggrieved party may recover those
damages sustained after the effective date of this part. Title
VI, Ch. 83, Sec. 83.47
Attorney's fees: In any civil action brought to
enforce the provisions of the rental agreement or this part, the
party in whose favor a judgment or decree has been rendered may
recover reasonable court costs, including attorney's fees, from the
nonprevailing party. Title VI, Ch. 83, Sec. 83.48
Deposit money or advance rent; duty of landlord and
tenant:
(1) Whenever money is deposited or advanced by a tenant on
a rental agreement as security for performance of the rental
agreement or as advance rent for other than the next immediate
rental period, the landlord or the landlord's agent shall either:
(a) Hold the total amount of such money in a separate
non-interest-bearing account in a Florida banking institution for
the benefit of the tenant or tenants. The landlord shall not
commingle such moneys with any other funds of the landlord or
hypothecate, pledge, or in any other way make use of such moneys
until such moneys are actually due the landlord;
(b) Hold the total amount of such money in a separate
interest-bearing account in a Florida banking institution for the
benefit of the tenant or tenants, in which case the tenant shall
receive and collect interest in an amount of at least 75 percent of
the annualized average interest rate payable on such account or
interest at the rate of 5 percent per year, simple interest,
whichever the landlord elects. The landlord shall not commingle such
moneys with any other funds of the landlord or hypothecate, pledge,
or in any other way make use of such moneys until such moneys are
actually due the landlord; or
(c) Post a surety bond, executed by the landlord as
principal and a surety company authorized and licensed to do
business in the state as surety, with the clerk of the circuit court
in the county in which the dwelling unit is located in the total
amount of the security deposits and advance rent he or she holds on
behalf of the tenants or $50,000, whichever is less. The bond shall
be conditioned upon the faithful compliance of the landlord with the
provisions of this section and shall run to the Governor for the
benefit of any tenant injured by the landlord's violation of the
provisions of this section. In addition to posting the surety bond,
the landlord shall pay to the tenant interest at the rate of 5
percent per year, simple interest. A landlord, or the landlord's
agent, engaged in the renting of dwelling 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 surety bond in each county, elect to post a surety bond in
the form and manner provided in this paragraph with the office of
the Secretary of State. The bond shall be in the total amount of the
security deposit or advance rent held on behalf of tenants or in the
amount of $250,000, whichever is less. The bond shall be conditioned
upon the faithful compliance of the landlord with the provisions of
this section and shall run to the Governor for the benefit of any
tenant injured by the landlord's violation of this section. In
addition to posting a surety bond, the landlord shall pay to the
tenant interest on the security deposit or advance rent held on
behalf of that tenant at the rate of 5 percent per year simple
interest.
(2) The landlord shall, within 30 days of receipt of
advance rent or a security deposit, notify the tenant in writing of
the manner in which the landlord is holding the advance rent or
security deposit and the rate of interest, if any, which the tenant
is to receive and the time of interest payments to the tenant. Such
written notice shall:
(a) Be given in person or by mail to the tenant.
(b) State the name and address of the depository where the
advance rent or security deposit is being held, whether the advance
rent or security deposit is being held in a separate account for the
benefit of the tenant or is commingled with other funds of the
landlord, and, if commingled, whether such funds are deposited in an
interest-bearing account in a Florida banking institution.
(c) Include a copy of the provisions of subsection (3).
Subsequent to providing such notice, if the landlord changes the
manner or location in which he or she is holding the advance rent or
security deposit, he or she shall notify the tenant within 30 days
of the change according to the provisions herein set forth. This
subsection does not apply to any landlord who rents fewer than five
individual dwelling units. Failure to provide this notice shall not
be a defense to the payment of rent when due.
(3)(a) Upon the vacating of the premises for
termination of the lease, the landlord shall have 15 days to return
the security deposit together with interest if otherwise required,
or in which to give the tenant written notice by certified mail to
the tenant's last known mailing address of his or her intention to
impose a claim on the deposit and the reason for imposing
the claim. The notice shall contain a statement in substantially the
following form:
This is a notice of my intention to impose a claim for
damages in the amount of _____ upon your security deposit, due to
_____. It is sent to you as required by s. 83.49(3), Florida
Statutes. You are hereby notified that you must object in writing to
this deduction from your security deposit within 15 days from the
time you receive this notice or I will be authorized to deduct my
claim from your security deposit. Your objection must be sent to
(landlord's address) .
If the landlord fails to give the required notice within the
15-day period, he or she forfeits the right to impose a claim upon
the security deposit.
(b) Unless the tenant objects to the imposition of the
landlord's claim or the amount thereof within 15 days after receipt
of the landlord's notice of intention to impose a claim, the
landlord may then deduct the amount of his or her claim and shall
remit the balance of the deposit to the tenant within 30 days after
the date of the notice of intention to impose a claim for damages.
(c) If either party institutes an action in a court of
competent jurisdiction to adjudicate the party's right to the
security deposit, the prevailing party is entitled to receive his or
her court costs plus a reasonable fee for his or her attorney. The
court shall advance the cause on the calendar.
(d) Compliance with this section by an individual or
business entity authorized to conduct business in this state,
including Florida-licensed real estate brokers and salespersons,
shall constitute compliance with all other relevant Florida Statutes
pertaining to security deposits held pursuant to a rental agreement
or other landlord-tenant relationship. Enforcement personnel shall
look solely to this section to determine compliance. This section
prevails over any conflicting provisions in chapter 475 and in other
sections of the Florida Statutes, and shall operate to permit
licensed real estate brokers to disburse security deposits and
deposit money without having to comply with the notice and
settlement procedures contained in s. 475.25(1)(d).
(4) The provisions of this section do not apply to
transient rentals by hotels or motels as defined in chapter 509; nor
do they apply in those instances in which the amount of rent or
deposit, or both, is regulated by law or by rules or regulations of
a public body, including public housing authorities and federally
administered or regulated housing programs including s. 202, s.
221(d)(3) and (4), s. 236, or s. 8 of the National Housing Act, as
amended, other than for rent stabilization. With the exception of
subsections (3), (5), and (6), this section is not applicable to
housing authorities or public housing agencies created pursuant to
chapter 421 or other statutes.
(5) Except when otherwise provided by the terms of a
written lease, any tenant who vacates or abandons the premises prior
to the expiration of the term specified in the written lease, or any
tenant who vacates or abandons premises which are the subject of a
tenancy from week to week, month to month, quarter to quarter, or
year to year, shall give at least 7 days' written notice by
certified mail or personal delivery to the landlord prior to
vacating or abandoning the premises which notice shall include the
address where the tenant may be reached. Failure to give such notice
shall relieve the landlord of the notice requirement of paragraph
(3)(a) but shall not waive any right the tenant may have to the
security deposit or any part of it.
(6) For the purposes of this part, a renewal of an
existing rental agreement shall be considered a new rental
agreement, and any security deposit carried forward shall be
considered a new security deposit.
(7) Upon the sale or transfer of title of the rental
property from one owner to another, or upon a change in the
designated rental agent, any and all security deposits or advance
rents being held for the benefit of the tenants shall be transferred
to the new owner or agent, together with any earned interest and
with an accurate accounting showing the amounts to be credited to
each tenant account. Upon the transfer of such funds and records as
stated herein, and upon transmittal of a written receipt therefor,
the transferor shall be free from the obligation imposed in
subsection (1) to hold such moneys on behalf of the tenant. However,
nothing herein shall excuse the landlord or agent for a violation of
the provisions of this section while in possession of such deposits.
(8) Any person licensed under the provisions of s.
509.241, unless excluded by the provisions of this part, who fails
to comply with the provisions of this part shall be subject to a
fine or to the suspension or revocation of his or her license by the
Division of Hotels and Restaurants of the Department of Business and
Professional Regulation in the manner provided in s. 509.261.
(9) In those cases in which interest is required to be
paid to the tenant, the landlord shall pay directly to the tenant,
or credit against the current month's rent, the interest due to the
tenant at least once annually. However, no interest shall be due a
tenant who wrongfully terminates his or her tenancy prior to the end
of the rental term. Title VI, Ch. 83, Sec. 83.49
Disclosure:
(1) The landlord, or a person authorized to enter into a
rental agreement on the landlord's behalf, shall disclose in writing
to the tenant, at or before 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
authorized to receive notices and 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 in writing by the tenant, to any other
address.
(2) The landlord or the landlord's authorized
representative, upon completion of construction of a building
exceeding three stories in height and containing dwelling units,
shall disclose to the tenants initially moving into the building the
availability or lack of availability of fire protection. Title
VI, Ch. 83, Sec. 83.50
Landlord's obligation to maintain premises:
(1) The landlord at all times during the tenancy shall:
(a) Comply with the requirements of applicable building,
housing, and health codes; or
(b) Where there are no applicable building, housing, or
health codes, maintain the roofs, windows, screens, doors, floors,
steps, porches, exterior walls, foundations, and all other
structural components in good repair and capable of resisting normal
forces and loads and the plumbing in reasonable working condition.
However, the landlord shall not be required to maintain a mobile
home or other structure owned by the tenant.
The landlord's obligations under this subsection may be altered
or modified in writing with respect to a single-family home or
duplex.
(2)(a) Unless otherwise agreed in writing, in addition
to the requirements of subsection (1), the landlord of a dwelling
unit other than a single-family home or duplex shall, at all times
during the tenancy, make reasonable provisions for:
1. The extermination of rats, mice, roaches, ants,
wood-destroying organisms, and bedbugs. When vacation of the
premises is required for such extermination, the landlord shall not
be liable for damages but shall abate the rent. The tenant shall be
required to temporarily vacate the premises for a period of time not
to exceed 4 days, on 7 days' written notice, if necessary, for
extermination pursuant to this subparagraph.
2. Locks and keys.
3. The clean and safe condition of common areas.
4. Garbage removal and outside receptacles therefor.
5. Functioning facilities for heat during winter, running
water, and hot water.
(b) Unless otherwise agreed in writing, at the
commencement of the tenancy of a single-family home or duplex, the
landlord shall install working smoke detection devices.
As used in this paragraph, the term "smoke detection
device" means an electrical or battery-operated device which
detects visible or invisible particles of combustion and which is
listed by Underwriters Laboratories, Inc., Factory Mutual
Laboratories, Inc., or any other nationally recognized testing
laboratory using nationally accepted testing standards.
(c) Nothing in this part authorizes the tenant to raise a
noncompliance by the landlord with this subsection as a defense to
an action for possession under s. 83.59.
(d) This subsection shall not apply to a mobile home owned
by a tenant.
(e) Nothing contained in this subsection prohibits the
landlord from providing in the rental agreement that the tenant is
obligated to pay costs or charges for garbage removal, water, fuel,
or utilities.
(3) If the duty imposed by subsection (1) is the same or
greater than any duty imposed by subsection (2), the landlord's duty
is determined by subsection (1).
(4) The landlord is not responsible to the tenant under
this section for conditions created or caused by the negligent or
wrongful act or omission of the tenant, a member of the tenant's
family, or other person on the premises with the tenant's consent.
Title VI, Ch. 83, Sec. 83.51
Tenant's obligation to maintain dwelling unit:
The tenant at all times during the tenancy shall:
(1) Comply with all obligations imposed upon tenants by
applicable provisions of building, housing, and health codes.
(2) Keep that part 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 fixtures in the dwelling unit or
used by the tenant clean and sanitary and in repair.
(5) Use and operate in a reasonable manner all electrical,
plumbing, sanitary, heating, ventilating, air-conditioning and other
facilities and appliances, including elevators.
(6) Not destroy, deface, damage, impair, or remove any
part of the premises or property therein belonging to the landlord
nor permit any person to do so.
(7) Conduct himself or herself, and require other persons
on the premises with his or her consent to conduct themselves, in a
manner that does not unreasonably disturb the tenant's neighbors or
constitute a breach of the peace. Title VI, Ch. 83, Sec. 83.52
Landlord's access to dwelling unit:
(1) The tenant shall not unreasonably withhold consent to
the landlord to enter the dwelling unit from time to time in order
to inspect the premises; make necessary or agreed repairs,
decorations, alterations, or improvements; supply agreed services;
or exhibit the dwelling unit to prospective or actual purchasers,
mortgagees, tenants, workers, or contractors.
(2) The landlord may enter the dwelling unit at any time
for the protection or preservation of the premises. The landlord may
enter the dwelling unit upon reasonable notice to the tenant and at
a reasonable time for the purpose of repair of the premises.
"Reasonable notice" for the purpose of repair is notice
given at least 12 hours prior to the entry, and reasonable time for
the purpose of repair shall be between the hours of 7:30 a.m. and
8:00 p.m. The landlord may enter the dwelling unit when necessary
for the further purposes set forth in subsection (1) under any of
the following circumstances:
(a) With the consent of the tenant;
(b) In case of emergency;
(c) When the tenant unreasonably withholds consent; or
(d) If the tenant is absent from the premises for a period
of time equal to one-half the time for periodic rental payments. If
the rent is current and the tenant notifies the landlord of an
intended absence, then the landlord may enter only with the consent
ofthe tenant or for the protection or preservation of the premises.
(3) The landlord shall not abuse the right of access nor
use it to harass the tenant. Title VI, Ch. 83, Sec. 83.53
Flotation bedding system; restrictions on use:
No landlord may prohibit a tenant from using a flotation bedding
system in a dwelling unit, provided the flotation bedding system
does not violate applicable building codes. The tenant shall be
required to carry in the tenant's name flotation insurance as is
standard in the industry in an amount deemed reasonable to protect
the tenant and owner against personal injury and property damage to
the dwelling units. In any case, the policy shall carry a loss
payable clause to the owner of the building. Title VI, Ch. 83,
Sec. 83.535
Enforcement of rights and duties; civil action:
Any right or duty declared in this part is enforceable by civil
action. Title VI, Ch. 83, Sec. 83.54
Right of action for damages: If either the
landlord or the tenant fails to comply with the requirements of the
rental agreement or this part, the aggrieved party may recover the
damages caused by the noncompliance. Title VI, Ch. 83, Sec.
83.55
Termination of rental agreement:
(1) If the landlord materially fails to comply with s.
83.51(1) or material provisions of the rental agreement within 7
days after delivery of written notice by the tenant specifying the
noncompliance and indicating the intention of the tenant to
terminate the rental agreement by reason thereof, the tenant may
terminate the rental agreement. If the failure to comply 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
and continues to make every reasonable effort to correct the failure
to comply, the rental agreement may be terminated or altered by the
parties, as follows:
(a) If the landlord's failure to comply renders the
dwelling unit untenantable and the tenant vacates, the tenant shall
not be liable for rent during the period the dwelling unit remains
uninhabitable.
(b) If the landlord's failure to comply does not render
the dwelling unit untenantable and the tenant remains in occupancy,
the rent for the period of noncompliance shall be reduced by an
amount in proportion to the loss of rental value caused by the
noncompliance.
(2) If the tenant materially fails to comply with s. 83.52
or material provisions of the rental agreement, other than a failure
to pay rent, or reasonable rules or regulations, the landlord may:
(a) If such noncompliance is of a nature that the tenant
should not be given an opportunity to cure it or if the
noncompliance constitutes a subsequent or continuing noncompliance
within 12 months of a written warning by the landlord of a similar
violation, deliver a written notice to the tenant specifying the
noncompliance and the landlord's intent to terminate the rental
agreement by reason thereof. Examples of noncompliance which are of
a nature that the tenant should not be given an opportunity to cure
include, but are not limited to, destruction, damage, or misuse of
the landlord's or other tenants' property by intentional act or a
subsequent or continued unreasonable disturbance. In such event, the
landlord may terminate the rental agreement, and the tenant shall
have 7 days from the date that the notice is delivered to vacate the
premises. The notice shall be adequate if it is in substantially the
following form:
You are advised that your lease is terminated effective
immediately. You shall have 7 days from the delivery of this letter
to vacate the premises. This action is taken because (cite the
noncompliance).
(b) If such noncompliance is of a nature that the
tenant should be given an opportunity to cure it, deliver a written
notice to the tenant specifying the noncompliance, including a
notice that, if the noncompliance is not corrected within 7 days
from the date the written notice is delivered, the landlord shall
terminate the rental agreement by reason thereof. Examples of such
noncompliance include, but are not limited to, activities in
contravention of the lease or this act such as having or permitting
unauthorized pets, guests, or vehicles; parking in an unauthorized
manner or permitting such parking; or failing to keep the premises
clean and sanitary. The notice shall be adequate if it is in
substantially the following form:
You are hereby notified that (cite the noncompliance) .
Demand is hereby made that you remedy the noncompliance within 7
days of receipt of this notice or your lease shall be deemed
terminated and you shall vacate the premises upon such termination.
If this same conduct or conduct of a similar nature is repeated
within 12 months, your tenancy is subject to termination without
your being given an opportunity to cure the
noncompliance.
(3) If the tenant fails to pay rent when due and the
default continues for 3 days,excluding Saturday, Sunday, and legal
holidays, after delivery of written demand by the landlord for
payment of the rent or possession of the premises, the landlord may
terminate the rental agreement. Legal holidays for the purpose of
this section shall be court-observed holidays only. The 3-day notice
shall contain a statement in substantially the following form:
You are hereby notified that you are indebted to me in the
sum of _____ dollars for the rent and use of the premises
(address of leased premises, including county) , Florida, now
occupied by you and that I demand payment of the rent or possession
of the premises within 3 days (excluding Saturday, Sunday, and legal
holidays) from the date of delivery of this notice, to wit: on or
before the _____ day of _____, (year) .
(landlord's name, address and phone number)
(4) The delivery of the written notices required by
subsections (1), (2), and (3) shall be by mailing or delivery of a
true copy thereof or, if the tenant is absent from the premises, by
leaving a copy thereof at the residence.
(5) If the landlord accepts rent with actual knowledge of
a noncompliance by the tenant or accepts performance by the tenant
of any other provision of the rental agreement that is at variance
with its provisions, or if the tenant pays rent with actual
knowledge of a noncompliance by the landlord or accepts performance
by the landlord of any other provision of the rental agreement that
is at variance with its provisions, the landlord or tenant waives
his or her right to terminate the rental agreement or to bring a
civil action for that noncompliance, but not for any subsequent or
continuing noncompliance. Any tenant who wishes to defend against an
action by the landlord for possession of the unit for noncompliance
of the rental agreement or of relevant statutes shall comply with
the provisions in s. 83.60(2). The court may not set a date for
mediation or trial unless the provisions of s. 83.60(2) have been
met, but shall enter a default judgment for removal of the tenant
with a writ of possession to issue immediately if the tenant fails
to comply with s. 83.60(2). This subsection does not apply to that
portion of rent subsidies received from a local, state, or national
government or an agency of local, state, or national government;
however, waiver will occur if an action has not been instituted
within 45 days of the noncompliance.
(6) If the rental agreement is terminated, the landlord
shall comply with s. 83.49(3). Title VI, Ch. 83, Sec. 83.56
Termination of tenancy without specific term: A
tenancy without a specific duration, as defined in s. 83.46(2) or
(3), may be terminated by either party giving written notice in the
manner provided in s. 83.56(4), as follows:
(1) When the tenancy is from year to year, by giving not
less than 60 days' notice prior to the end of any annual period;
(2) When the tenancy is from quarter to quarter, by giving
not less than 30 days' notice prior to the end of any quarterly
period;
(3) When the tenancy is from month to month, by giving not
less than 15 days' notice prior to the end of any monthly period;
and
(4) When the tenancy is from week to week, by giving not
less than 7 days' notice prior to the end of any weekly period.
Title VI, Ch. 83, Sec. 83.57
Remedies; tenant holding over: If the tenant
holds over and continues in possession of the dwelling unit or any
part thereof after the expiration of the rental agreement without
the permission of the landlord, the landlord may recover possession
of the dwelling unit in the manner provided for in s. 83.59 [F.S.
1973]. The landlord may also recover double the amount of rent due
on the dwelling unit, or any part thereof, for the period during
which the tenant refuses to surrender possession. Title VI,
Ch. 83, Sec. 83.58
Right of action for possession:
(1) If the rental agreement is terminated and the tenant
does not vacate the premises, the landlord may recover possession of
the dwelling unit as provided in this section.
(2) A landlord, the landlord's attorney, or the landlord's
agent, applying for the removal of a tenant shall file in the county
court of the county where the premises are situated a complaint
describing the dwelling unit and stating the facts that authorize
its recovery. A landlord's agent is not permitted to take any action
other than the initial filing of the complaint, unless the
landlord's agent is an attorney. The landlord is entitled to the
summary procedure provided in s. 51.011 [F.S. 1971], and the court
shall advance the cause on the calendar.
(3) The landlord shall not recover possession of a
dwelling unit except:
(a) In an action for possession under subsection (2) or
other civil action in which the issue of right of possession is
determined;
(b) When the tenant has surrendered possession of the
dwelling unit to the landlord; or
(c) When the tenant has abandoned the dwelling unit. In
the absence of actual knowledge of abandonment, it shall be presumed
that the tenant has abandoned the dwelling unit if he or she is
absent from the premises for a period of time equal to one-half the
time for periodic rental payments. However, this presumption shall
not apply if the rent is current or the tenant has notified the
landlord, in writing, of an intended absence.
(4) The prevailing party is entitled to have judgment for
costs and execution therefor. Title VI, Ch. 83, Sec. 83.59
Choice of remedies upon breach by tenant:
(1) If the tenant breaches the lease for the dwelling unit
and the landlord has obtained a writ of possession, or the tenant
has surrendered possession of the dwelling unit to the landlord, or
the tenant has abandoned the dwelling unit, the landlord may:
(a) Treat the lease as terminated and retake possession
for his or her own account, thereby terminating any further
liability of the tenant; or
(b) Retake possession of the dwelling unit for the account
of the tenant, holding the tenant liable for the difference between
rental stipulated to be paid under the lease agreement and what, in
good faith, the landlord is able to recover from a reletting; or
(c) Stand by and do nothing, holding the lessee liable for
the rent as it comes due.
(2) If the landlord retakes possession of the dwelling
unit for the account of the tenant, the landlord has a duty to
exercise good faith in attempting to relet the premises, and any
rentals received by the landlord as a result of the reletting shall
be deducted from the balance of rent due from the tenant. For
purposes of this section, "good faith in attempting to relet
the premises" means that the landlord shall use at least the
same efforts to relet the premises as were used in the initial
rental or at least the same efforts as the landlord uses in
attempting to lease other similar rental units but does not require
the landlord to give a preference in leasing the premises over other
vacant dwelling units that the landlord owns or has the
responsibility to rent. Title VI, Ch. 83, Sec. 83.595
Defenses to action for rent or possession; procedure:
(1) In an action by the landlord for possession of a
dwelling unit based upon nonpayment of rent or in an action by the
landlord under s. 83.55 seeking to recover unpaid rent, the tenant
may defend upon the ground of a material noncompliance with s.
83.51(1) [F.S. 1973], or may raise any other defense, whether legal
or equitable, that he or she may have, including the defense of
retaliatory conduct in accordance with s. 83.64. The defense of a
material noncompliance with s. 83.51(1) [F.S. 1973] may be raised by
the tenant if 7 days have elapsed after the delivery of written
notice by the tenant to the landlord, specifying the noncompliance
and indicating the intention of the tenant not to pay rent by reason
thereof. Such notice by the tenant may be given to the landlord, the
landlord's representative as designated pursuant to s. 83.50(1), a
resident manager, or the person or entity who collects the rent on
behalf of the landlord. A material noncompliance with s. 83.51(1) [F.S.
1973] by the landlord is a complete defense to an action for
possession based upon nonpayment of rent, and, upon hearing, the
court or the jury, as the case may be, shall determine the amount,
if any, by which the rent is to be reduced to reflect the diminution
in value of the dwelling unit during the period of noncompliance
with s. 83.51(1) [F.S. 973]. After consideration of all other
relevant issues, the court shall enter appropriate judgment.
(2) In an action by the landlord for possession of a
dwelling unit, if the tenant interposes any defense other than
payment, the tenant shall pay into the registry of the court the
accrued rent as alleged in the complaint or as determined by the
court and the rent which accrues during the pendency of the
proceeding, when due. The clerk shall notify the tenant of such
requirement in the summons. Failure of the tenant to pay the rent
into the registry of the court or to file a motion to determine the
amount of rent to be paid into the registry within 5 days, excluding
Saturdays, Sundays, and legal holidays, after the date of service of
process constitutes an absolute waiver of the tenant's defenses
other than payment, and the landlord is entitled to an immediate
default judgment for removal of the tenant with a writ of possession
to issue without further notice or hearing thereon. In the event a
motion to determine rent is filed, documentation in support of the
allegation that the rent as alleged in the complaint is in error is
required. Public housing tenants or tenants receiving rent subsidies
shall be required to deposit only that portion of the full rent for
which the tenant is responsible pursuant to federal, state, or local
program in which they are participating. Title VI, Ch. 83, SEc.
83.60
Disbursement of funds in registry of court; prompt final
hearing: When the tenant has deposited funds into the
registry of the court in accordance with the provisions of s.
83.60(2) and the landlord is in actual danger of loss of the
premises or
other personal hardship resulting from the loss of rental income
from the premises, the landlord may apply to the court for
disbursement of all or part of the funds or for prompt final
hearing. The court shall advance the cause on the calendar. The
court, after preliminary hearing, may award all or any portion of
the funds on deposit to the landlord or may proceed immediately to a
final resolution of the cause. Title VI, Ch. 83, Sec. 83.61
Restoration of possession to landlord:
(1) In an action for possession, after entry of judgment
in favor of the landlord, the clerk shall issue a writ to the
sheriff describing the premises and commanding the sheriff to put
the landlord in possession after 24 hours' notice conspicuously
posted on the premises.
(2) At the time the sheriff executes the writ of
possession or at any time thereafter, the landlord or the landlord's
agent may remove any personal property found on the premises to or
near the property line. Subsequent to executing the writ of
possession, the landlord may request the sheriff to stand by to keep
the peace while the landlord changes the locks and removes the
personal property from the premises. When such a request is made,
the sheriff may charge a reasonable hourly rate, and the person
requesting the sheriff to stand by to keep the peace shall be
responsible for paying the reasonable hourly rate set by the
sheriff. Neither the sheriff nor the landlord or the landlord's
agent shall be liable to the tenant or any other party for the loss,
destruction, or damage to the property after it has been removed.
Title VI, Ch. 83, Sec. 83.62
Power to award possession and enter money judgment:
In an action by the landlord for possession of a dwelling unit based
upon nonpayment of rent, if the court finds the rent is due, owing,
and unpaid and by reason thereof the landlord is entitled to
possession of the premises, the court, in addition to awarding
possession of the premises to the landlord, shall direct, in an
amount which is within its jurisdictional limitations, the entry of
a money judgment with costs in favor of the landlord and against the
tenant for the amount of money found due, owing, and unpaid by the
tenant to the landlord. However, no money judgment shall be entered
unless service of process has been effected by personal service or,
where authorized by law, by certified or registered mail, return
receipt, or in any other manner prescribed by law or the rules of
the court; and no money judgment may be entered except in compliance
with the Florida Rules of Civil Procedure. The prevailing party in
the action may also be awarded attorney's fees and costs.
Title VI, Ch. 83, Sec. 83.625
Casualty damage: If the premises are damaged or
destroyed other than by the wrongful or negligent acts of the tenant
so that the enjoyment of the premises is substantially impaired, the
tenant may terminate the rental agreement and immediately vacate the
premises. The tenant may vacate the part of the premises rendered
unusable by the casualty, in which case the tenant's liability for
rent shall be reduced by the fair rental value of that part of the
premises damaged or destroyed. If the rental agreement is
terminated, the landlord shall comply with s. 83.49(3) [F.S. 1973].
Title VI, Ch. 83, Sec. 83.63
Retaliatory conduct:
(1) It is unlawful for a landlord to discriminatorily
increase a tenant's rent or decrease services to a tenant, or to
bring or threaten to bring an action for possession or other civil
action, primarily because the landlord is retaliating against the
tenant. In order for the tenant to raise the defense of retaliatory
conduct, the tenant must have acted in good faith. Examples of
conduct for which the landlord may not retaliate include, but are
not limited to, situations where:
(a) The tenant has complained to a governmental agency
charged with responsibility for enforcement of a building, housing,
or health code of a suspected violation applicable to the premises;
(b) The tenant has organized, encouraged, or participated
in a tenants' organization; or
(c) The tenant has complained to the landlord pursuant to
s. 83.56(1).
(2) Evidence of retaliatory conduct may be raised by the
tenant as a defense in any action brought against him or her for
possession.
(3) In any event, this section does not apply if the
landlord proves that the eviction is for good cause. Examples of
good cause include, but are not limited to, good faith actions for
nonpayment of rent, violation of the rental agreement or of
reasonable rules, or violation of the terms of this chapter.
(4) "Discrimination" under this section means
that a tenant is being treated differently as to the rent charged,
the services rendered, or the action being taken by the landlord,
which shall be a prerequisite to a finding of retaliatory conduct.
Title VI, Ch. 83, Sec. 83.64
Prohibited practices:
(1) No landlord of any dwelling unit governed by this part
shall cause, directly or indirectly, the termination or interruption
of any utility service furnished the tenant, including, but not
limited to, water, heat, light, electricity, gas, elevator, garbage
collection, or refrigeration, whether or not the utility service is
under the control of, or payment is made by, the landlord.
(2) No landlord of any dwelling unit governed by this part
shall prevent the tenant from gaining reasonable access to the
dwelling unit by any means, including, but not limited to, changing
the locks or using any bootlock or similar device.
(3) No landlord of any dwelling unit governed by this part
shall remove the outside doors, locks, roof, walls, or windows of
the unit except for purposes of maintenance, repair, or replacement;
nor shall the landlord remove the tenant's personal property from
the dwelling unit unless said action is taken after surrender,
abandonment, or a lawful eviction. If provided in the rental
agreement or a written agreement separate from the rental agreement,
upon surrender or abandonment by the tenant, the landlord shall not
be liable or responsible for storage or disposition of the tenant's
personal property; if provided in the rental agreement there shall
be printed or clearly stamped on such rental agreement a legend in
substantially the following form:
BY SIGNING THIS RENTAL AGREEMENT THE TENANT AGREES THAT UPON
SURRENDER OR ABANDONMENT, AS DEFINED BY THE FLORIDA STATUTES, THE
LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR
DISPOSITION OF THE TENANT'S PERSONAL PROPERTY.
For the purposes of this section, abandonment shall be as set
forth in s. 83.59(3)(c).
(4) A landlord who violates the provisions of this
section shall be liable to the tenant for actual and consequential
damages or 3 months' rent, whichever is greater, and costs,
including attorney's fees. Subsequent or repeated violations which
are not contemporaneous with the initial violation shall be subject
to separate awards of damages.
(5) A violation of this section shall constitute
irreparable harm for the purposes of injunctive relief.
(6) The remedies provided by this section are not
exclusive and shall not preclude the tenant from pursuing any other
remedy at law or equity which the tenant may have. Title VI,
Ch. 83, Sec. 83.67
Orders to enjoin violations of this part:
(1) A landlord who gives notice to a tenant of the
landlord's intent to terminate the tenant's lease pursuant to s.
83.56(2)(a), due to the tenant's intentional destruction, damage, or
misuse of the landlord's property may petition the county or circuit
court for an injunction prohibiting the tenant from continuing to
violate any of the provisions of that part.
(2) The court shall grant the relief requested pursuant to
subsection (1) in conformity with the principles that govern the
granting of injunctive relief from threatened loss or damage in
other civil cases.
(3) Evidence of a tenant's intentional destruction,
damage, or misuse of the landlord's property in an amount greater
than twice the value of money deposited with the landlord pursuant
to s. 83.49 or $300, whichever is greater, shall constitute
irreparable harm for the purposes of injunctive relief. Title
VI, Ch. 83, Sec. 83.681
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