Florida Statute 83.1 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 83
LANDLORD AND TENANT

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F.S. 83.01

83.01 Unwritten lease tenancy at will; duration.—Any lease of lands and tenements, or either, made shall be deemed and held to be a tenancy at will unless it shall be in writing signed by the lessor. Such tenancy shall be from year to year, or quarter to quarter, or month to month, or week to week, to be determined by the periods at which the rent is payable. If the rent is payable weekly, then the tenancy shall be from week to week; if payable monthly, then from month to month; if payable quarterly, then from quarter to quarter; if payable yearly, then from year to year.

History.—ss. 1, 2, ch. 5441, 1905; RGS 3567, 3568; CGL 5431, 5432; s. 34, ch. 67-254.

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Amendments to 83.01

Annotations, Discussions, Cases:

Cases Citing Statute 83.01

Total Results: 18

Stephen Sultenfuss, Charles McMulling v. Wayne Snow, Jr., James T. Morris, Mobley Howell, Michael H. Wing, Bettye O. Hutchings, Michael J. Bowers

35 F.3d 1494, 1994 U.S. App. LEXIS 27817, 1994 WL 538702

Court of Appeals for the Eleventh Circuit | Filed: Oct 5, 1994 | Docket: 2034125

Cited 46 times | Published

at 11, 99 S.Ct. at 2106 (quoting Neb. Rev.Stat. § 83-1,114(1) (1976)). . Id. at 18-19, 99 S.Ct. at 2109

Sheradsky v. Basadre

452 So. 2d 599

District Court of Appeal of Florida | Filed: May 22, 1984 | Docket: 1517676

Cited 12 times | Published

was disbursed to the complex owners monthly. See § 83.01, Fla. Stat. (1983). The damages assessed at trial

Hamilton v. Tanner

962 So. 2d 997, 2007 WL 2254572

District Court of Appeal of Florida | Filed: Aug 8, 2007 | Docket: 480867

Cited 10 times | Published

deemed to be a month-to-month tenancy at will. § 83.01, Fla. Stat. (1997). Such a lease does not violate

Rosamond v. Mann

80 So. 2d 317, 49 A.L.R. 2d 476

Supreme Court of Florida | Filed: Feb 9, 1955 | Docket: 1440427

Cited 9 times | Published

1 of the 1905 act (now incorporated in F.S.A. § 83.01) by providing that any lease not in writing and

Pensacola Scrap Processors, Inc. v. State Road Dept.

188 So. 2d 38, 1966 Fla. App. LEXIS 5061

District Court of Appeal of Florida | Filed: Jun 2, 1966 | Docket: 1743728

Cited 8 times | Published

accords with reason and justice. Under F.S. Section 83.01, F.S.A., if a tenant at will without a written

Drum v. Pure Oil Company

184 So. 2d 196

District Court of Appeal of Florida | Filed: Mar 21, 1966 | Docket: 1416777

Cited 7 times | Published

the authorities in other jurisdictions. F.S.A. § 83.01 provides that any lease of lands and tenements

Mangum v. Susser

764 So. 2d 653, 2000 WL 574417

District Court of Appeal of Florida | Filed: May 15, 2000 | Docket: 1516210

Cited 4 times | Published

deemed to be a month-to-month tenancy at will. § 83.01, Fla. Stat. (1997). Such a lease does not violate

Building B1, LLC v. Component Repair Services, Inc.

224 So. 3d 785, 2017 WL 2961117, 2017 Fla. App. LEXIS 9956

District Court of Appeal of Florida | Filed: Jul 12, 2017 | Docket: 6088814

Cited 3 times | Published

became a month-to-month tenancy pursuant to section 83.01, Florida Statutes (2006). 3 However

Hasty v. Chain (In Re Hasty)

25 B.R. 429, 1982 Bankr. LEXIS 5405

United States Bankruptcy Court, M.D. Florida | Filed: Nov 29, 1982 | Docket: 521407

Cited 2 times | Published

month-to-month tenancy at will was created pursuant to § 83.01 Fla.Stat. (Supp.1981). While it is not clear whether

Stanley Longo v. Seminole Indian Casino-Immokalee

813 F.3d 1348, 2016 U.S. App. LEXIS 3160, 2016 WL 722526

Court of Appeals for the Eleventh Circuit | Filed: Feb 24, 2016 | Docket: 3038683

Cited 1 times | Published

federally recognized. See 25 C.F.R. § 83.1 (2015) (defining “[federally recognized Indian

Keeton Corrections, Inc. v. Rj & Rk, Inc.

858 So. 2d 349, 2003 WL 22453887

District Court of Appeal of Florida | Filed: Oct 30, 2003 | Docket: 1513525

Cited 1 times | Published

refuses to honor the terms of a written lease. Section 83.01, Florida Statutes (2000), states that a lease

CSC SERVICEWORKS, INC. v. BOCA BAYOU CONDOMINIUM ASSOCIATION, INC.

District Court of Appeal of Florida | Filed: Dec 2, 2020 | Docket: 18706934

Published

be construed to be a tenancy at sufferance.”); § 83.01, Fla. Stat. (2016) (“Any lease of lands and tenements

Edward A. Crapo, in his capacity as Alachua County Property Appraiser v. Academy for Five Element Acupuncture, Inc., a Florida Non-Profit Corporation

District Court of Appeal of Florida | Filed: Jul 8, 2019 | Docket: 15885445

Published

Id. (quoting Restatement (Second) of Judgments § 83(1), at 266) (emphasis added). The Court also

Gautreaux v. Notarantonio

687 So. 2d 849, 1997 Fla. App. LEXIS 50, 1997 WL 1724

District Court of Appeal of Florida | Filed: Jan 2, 1997 | Docket: 64771053

Published

acquired; hence, that tenancy was terminable at will. § 83.01, Fla.Stat. (1995); Sill v. Smith, 177 So.2d 265

James v. City of St. Petersburg

6 F.3d 1457, 1993 WL 432521

Court of Appeals for the Eleventh Circuit | Filed: Oct 22, 1993 | Docket: 64015224

Published

25 B.R. 429 (Bankr.M.D.Fla.1982). See Fla.Stat. § 83.01 (1967). . The city ordinances did not require

Farber v. Florida Parole & Probation Commission

427 So. 2d 1016, 1983 Fla. App. LEXIS 18648

District Court of Appeal of Florida | Filed: Feb 14, 1983 | Docket: 64595518

Published

will facilitate the parole hearing.” Neb Rev Stat § 83-1, 112(1) (1976). Apparently, the inmates are satisfied

Beck v. Robb (In re KMM Corp.)

14 B.R. 348, 1981 Bankr. LEXIS 3053

United States Bankruptcy Court, S.D. Florida. | Filed: Aug 28, 1981 | Docket: 65777989

Published

entered into a month to month tenancy. Fla.Stat. § 83.01. To terminate this tenancy, the Defendant was required

Alfran Corp. v. Park Isles, Inc. (In re Alfran Corp.)

7 B.R. 95, 1980 Bankr. LEXIS 4164

United States Bankruptcy Court, M.D. Florida | Filed: Nov 5, 1980 | Docket: 65777798

Published

rights are codified in this state. Florida Statutes § 83.01 et seq. (1979). Florida Statute § 83.04 (1979)