Florida Statutes
Fla. Stat. § 83.01 (2025)
Unwritten lease tenancy at will; duration.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 20
cases, 1954–2020 · leading case: Bldg. B1, LLC v. Component Repair Servs., Inc., 224 So. 3d 785 (Fla. 3d DCA 2017).
Bldg. B1, LLC v. Component Repair Servs., Inc., 224 So. 3d 785 (Fla. 3d DCA 2017). “The trial court concluded that Building B1 could not prevail on its breach of lease claim, because the lease expired by its terms on December 31, 2005, and on January 1, 2006, became a month-to-month tenancy pursuant to section 83.01, Florida Statutes (2006). 3 However, the…”
Sheradsky v. Basadre, 452 So. 2d 599 (Fla. 3d DCA 1984). “See § 83.01, Fla. Stat. (1983). The damages assessed at trial in the amount of ,241.”
Keeton Corr., Inc. v. Rj & Rk, Inc., 858 So. 2d 349 (Fla. 1st DCA 2003). “" § 83.01, Fla. Stat. (2000); see also Sill v.”
Hamilton v. Tanner, 962 So. 2d 997 (Fla. 2d DCA 2007). “§ 83.01, Fla. Stat. (1997). Such a lease does not violate the statute of frauds merely because it continues in effect for more than a year.”
Pensacola Scrap Processors, Inc. v. State Road Dept., 188 So. 2d 38 (Fla. 1st DCA 1966). “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.”
Drum v. Pure Oil Co., 184 So. 2d 196 (Fla. 4th DCA 1966). “F.S.A. § 83.01 provides that any lease of lands and tenements shall be deemed and held to be a tenancy at will unless the same shall be in writing and signed by the lessor.”
Mangum v. Susser, 764 So. 2d 653 (Fla. 1st DCA 2000). “§ 83.01, Fla. Stat. (1997). Such a lease does not violate the statute of frauds merely because it continues in effect for more than a year.”
Rosamond v. Mann, 80 So. 2d 317 (Fla. 1955). “04 was originally enacted as Sec. 4 of Laws 1905, c. 5441. The word "written", italicized above, was added by Laws 1931, c.”
Barber v. Rader, 350 F. Supp. 183 (S.D. Fla. 1972). “See Florida Statutes §§ 83.01 and 83.02, F.S.A., and 20 Fla.Jur.”
Eli Einbinder, Inc. v. Miami Crystal Ice Co., 317 So. 2d 126 (Fla. 3d DCA 1975). “See §§ 83.01, 83.03, 83.06 and Sill v. Smith, Fla.”
Beck v. Robb (In re KMM Corp.), 14 B.R. 348 (Bankr. S.D. Florida 1981). “Fla.Stat. § 83.01. To terminate this tenancy, the Defendant was required to give the Debtor fifteen (15) days’ notice.”
Meli Inv. Corp. v. Or, 621 So. 2d 676 (Fla. 3d DCA 1993). “§§ 83.01, 83.03(3), Fla. Stat. (1991). The final judgment on the counterclaim found that the landlord had discriminated against the tenants on the basis that O.”
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