Florida Statute 83.04 | Lawyer Caselaw & Research

The 2024 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.

F.S. 83.04 on Google Scholar

F.S. 83.04 on Casetext

Amendments to 83.04

Arrestable Offenses / Crimes under Fla. Stat. 83.04

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 83.04.

Annotations, Discussions, Cases:

Cases Citing Statute 83.04

Total Results: 20

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

Court: District Court of Appeal of Florida | Date Filed: 2021-05-27

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

LISA KIM KARKHOFF v. THOMAS ANTHONY ROBILOTTA

Court: District Court of Appeal of Florida | Date Filed: 2020-12-09

Snippet: See Cajuste, 204 So. 3d at 83. 4 In its oral pronouncement

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

Court: District Court of Appeal of Florida | Date Filed: 2020-12-02

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

Watkins v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-10-18

Citation: 230 So. 3d 1244

Snippet: may hold an evidentiary hearing. Bolden at 782-83,. 4 In its January 27, 2016 order, the trial

Lougas v. Sophia Enterprises, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2013-07-03

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

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

DJ v. State

Court: Supreme Court of Florida | Date Filed: 2011-07-07

Citation: 67 So. 3d 1029, 2011 WL 2637451

Snippet: punishable as provided in s. 775.082 or s. 775.083."). [4] However, we note that section 810.08 was amended

Ingraham v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-04-28

Citation: 32 So. 3d 761, 2010 Fla. App. LEXIS 5579, 2010 WL 1688473

Snippet: punishable as provided in s. 775.082 or s. 775.083. (4) Whoever violates the provisions of subsection

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Court: Florida Attorney General Reports | Date Filed: 2008-08-29

Snippet: (Fla. 1941); Florida TaxService 2nd, Hudson, s. 62.83(4). Other significant cases in this area generally

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Court: Florida Attorney General Reports | Date Filed: 2008-07-08

Snippet: punishable as provided in s. 775.082 or s. 775.083."4 Bingo has been recognized as gambling within the

Hamilton v. Tanner

Court: District Court of Appeal of Florida | Date Filed: 2007-08-08

Citation: 962 So. 2d 997, 2007 WL 2254572

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

Cook v. State

Court: District Court of Appeal of Florida | Date Filed: 2005-09-16

Citation: 921 So. 2d 631, 2005 WL 2242710

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

Broward County v. Brooks Builders, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2005-07-27

Citation: 908 So. 2d 536, 2005 WL 1751626

Snippet: 128.92 3 08-21-00 $137,316.83 4 09-06-00 $143,008.58 5

Swilley v. State

Court: District Court of Appeal of Florida | Date Filed: 2003-04-25

Citation: 845 So. 2d 930, 2003 WL 1936123

Snippet: punishable as provided in s. 775.082 or s. 775.083. [4] Section 843.01 of the Florida Statutes (1999)

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Court: Florida Attorney General Reports | Date Filed: 2000-06-29

Snippet: for taxes). 9 See, Florida Tax Service 2d s. 62.83(4) (Matthew Bender Co., Inc.); Ops. Att'y Gen. Fla

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Court: Florida Attorney General Reports | Date Filed: 2000-05-16

Snippet: punishable as provided in s. 775.082 or s. 775.083."4 The statutes authorize certain nonprofit or veterans

McGreevey v. State

Court: District Court of Appeal of Florida | Date Filed: 1998-09-25

Citation: 717 So. 2d 1111, 1998 WL 653601

Snippet: injury) translates to a recommended sentence of 83.4 months in prison, with a minimum of 62.3 months

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Court: Florida Attorney General Reports | Date Filed: 1997-06-30

Snippet: sections 119.083(4) and (6), Florida Statutes, as authority for their position. Section 119.083(4), Florida

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Court: Florida Attorney General Reports | Date Filed: 1996-06-06

Snippet: 79-64 and 79-84 (1979). 4 See, Ops. Att'y Gen. Fla. 83-4 (1983), 84-6 (1984), 85-52 (1985), and 86-32 (1986)

Theodoropoulos v. Talbert

Court: District Court of Appeal of Florida | Date Filed: 1996-02-02

Citation: 666 So. 2d 1056, 1996 Fla. App. LEXIS 634, 1996 WL 38853

Snippet: paid the rent, taxes, and insurance. See §§ 83.58, 83.04, 83.05, Fla.Stat. (1993). Further, the trial court

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Court: Florida Attorney General Reports | Date Filed: 1995-10-10

Snippet: punishable as provided in s. 775.082 or s. 775.083."4 The statutes authorize certain nonprofit or veterans