Florida Statute 83.4 - 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. 83.04

83.04 Holding over after term, tenancy at sufferance, etc.—When any tenancy created by an instrument in writing, the term of which is limited, has expired and the tenant holds over in the possession of said premises without renewing the lease by some further instrument in writing then such holding over shall be construed to be a tenancy at sufferance. The mere payment or acceptance of rent shall not be construed to be a renewal of the term, but if the holding over be continued with the written consent of the lessor then the tenancy shall become a tenancy at will under the provisions of this law.

History.—s. 4, ch. 5441, 1905; RGS 3570; CGL 5434; s. 3, ch. 15057, 1931; s. 34, ch. 67-254.

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F.S. 83.04 on CourtListener

Amendments to 83.04

Annotations, Discussions, Cases:

Cases Citing Statute 83.04

Total Results: 23

City of Miami Beach v. Fleetwood Hotel, Inc.

261 So. 2d 801, 1972 Fla. LEXIS 3816

Supreme Court of Florida | Filed: Apr 12, 1972 | Docket: 1707147

Cited 41 times | Published

market if the same will result in eviction." F.S. 83.04, F.S.A. provides a tenancy at will may be terminated

Executive Square Office Building v. O'Connor & Associates, Inc.

19 B.R. 143, 1981 Bankr. LEXIS 2658, 9 Bankr. Ct. Dec. (CRR) 35

United States Bankruptcy Court, N.D. Florida | Filed: Nov 2, 1981 | Docket: 1781459

Cited 27 times | Published

no appreciable estate in the land. . . . " Section 83.04, Florida Statutes, provides that a tenant who

Mori v. MATSUSHITA ELEC. CORP., ETC.

380 So. 2d 461

District Court of Appeal of Florida | Filed: Jan 29, 1980 | Docket: 305319

Cited 25 times | Published

measure of damages, see cases under footnote 77 of § 83. [4] See footnote 1, supra.

Cook v. State

921 So. 2d 631, 2005 WL 2242710

District Court of Appeal of Florida | Filed: Sep 16, 2005 | Docket: 1662918

Cited 23 times | Published

1230-31; cf. Restatement (Second) of Judgments § 83(4) ("An adjudicative determination of an issue by

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

postexpiration rents and taxes. Mr. Tanner relies on section 83.04, Florida Statutes,[4] which reads: Holding over

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

tenancy" unless the rule is changed by F.S.A. § 83.04, which provides in part that a hold-over tenancy

Painter v. Town of Groveland

79 So. 2d 765

Supreme Court of Florida | Filed: Apr 27, 1955 | Docket: 1361285

Cited 8 times | Published

contention cannot be sustained. Our statute, Section 83.04, Fla. Stat. 1953, F.S.A., provides that upon

Lincoln Oldsmobile, Inc. v. Branch

574 So. 2d 1111, 1990 WL 211466

District Court of Appeal of Florida | Filed: Dec 21, 1990 | Docket: 1436714

Cited 5 times | Published

tenant at sufferance at the original rent. See § 83.04, Fla. Stat. (1985). Here, no demand for double

Nelson v. Growers Ford Tractor Co.

282 So. 2d 664

District Court of Appeal of Florida | Filed: Sep 14, 1973 | Docket: 1235300

Cited 5 times | Published

is construed to be a tenancy at sufferance. Section 83.04, Florida Statutes 1971, F.S.A. During such period

Lougas v. Sophia Enterprises, Inc.

117 So. 3d 839, 2013 WL 3335045, 2013 Fla. App. LEXIS 10670

District Court of Appeal of Florida | Filed: Jul 3, 2013 | Docket: 60232804

Cited 3 times | Published

a month-to-month tenancy is created); see also § 83.04, Fla. Stat. (2008) (if a written lease has expired

Meli Inv. Corp. v. Or

621 So. 2d 676, 1993 Fla. App. LEXIS 7030, 1993 WL 243125

District Court of Appeal of Florida | Filed: Jul 6, 1993 | Docket: 1677832

Cited 3 times | Published

Stat. (1991), seeking damages pursuant to section 83.04, Florida Statutes (1991). The tenants counterclaimed

Meli Inv. Corp. v. Or

621 So. 2d 676, 1993 Fla. App. LEXIS 7030, 1993 WL 243125

District Court of Appeal of Florida | Filed: Jul 6, 1993 | Docket: 1677832

Cited 3 times | Published

Stat. (1991), seeking damages pursuant to section 83.04, Florida Statutes (1991). The tenants counterclaimed

Ledford v. Skinner

328 So. 2d 219

District Court of Appeal of Florida | Filed: Mar 16, 1976 | Docket: 1699689

Cited 2 times | Published

jury, which was properly charged on the effect of § 83.04, F.S., found from all the circumstances that the

S. Lemel, Inc. v. 27th Avenue Farmers Market, Inc.

126 So. 2d 167

District Court of Appeal of Florida | Filed: Jan 26, 1961 | Docket: 1314845

Cited 2 times | Published

sufferance and have no cause of action, because of § 83.04, Fla. Stat., F.S.A.[1] That statute provides that

1560/1568 DREXEL AVENUE, LLC, etc. v. SAIDELL JACQUILINE JIMENEZ

District Court of Appeal of Florida | Filed: May 27, 2021 | Docket: 59940733

Published

then converted into a month-to-month tenancy. See § 83.04, Fla. Stat. (2020). 3 Landlord alleges

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

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

Published

at will, per the parties’ oral agreement. See § 83.04, Fla. Stat. (2016) (“When any tenancy created by

In Re Safe-T-Brake of Florida, Inc.

127 B.R. 68, 1991 Bankr. LEXIS 668

United States Bankruptcy Court, S.D. Florida. | Filed: Apr 5, 1991 | Docket: 1687791

Published

Board, 183 So.2d 242, 244 (Fla. 3d D.C.A. 1966); F.S. 83.04. As a point of departure, in establishing the

Zinn v. Mims & Thomas Miami Co.

504 So. 2d 60, 1987 Fla. App. LEXIS 7363

District Court of Appeal of Florida | Filed: Mar 24, 1987 | Docket: 64625923

Published

PER CURIAM. Affirmed. § 83.04, Fla.Stat. (1985).

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

Statutes § 83.01 et seq. (1979). Florida Statute § 83.04 (1979) sets forth the proper procedure which governs

Burch v. Brinkley

382 So. 2d 440, 1980 Fla. App. LEXIS 16391

District Court of Appeal of Florida | Filed: Apr 17, 1980 | Docket: 64575568

Published

absence of a showing of special circumstances, § 83.04 applied to Counts I and II regarding the alleged

Henry v. D. S. M. Co.

352 So. 2d 1230, 1977 Fla. App. LEXIS 16673

District Court of Appeal of Florida | Filed: Nov 29, 1977 | Docket: 64561794

Published

validly exercised. Appellant’s total reliance on Section 83.04 Florida Statutes (1975), is not justified in

Leaders International Jewelry, Inc. v. Board of County Commissioners

183 So. 2d 242, 1966 Fla. App. LEXIS 5513

District Court of Appeal of Florida | Filed: Feb 1, 1966 | Docket: 64495705

Published

November 1, 1964 as a tenancy at sufferance under § 83.04, Fla. Stat., F.S.A. rather than a tenancy at will

Filaretou v. Christou

133 So. 2d 652

District Court of Appeal of Florida | Filed: Oct 6, 1961 | Docket: 60198622

Published

six (6) years at rental of $70.00 per month.” Section 83.04, F.S.A., provides, in effect, that if the tenant