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Florida Statute 83.04 | Lawyer Caselaw & Research
F.S. 83.04 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 83
LANDLORD AND TENANT
View Entire Chapter
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 from cite.case.law:

ELLIS, v. RAEMISCH,, 872 F.3d 1064 (10th Cir. 2017)

. . . R. 83.04). . . .

BUCCINA, v. GRIMSBY,, 337 F. Supp. 3d 725 (N.D. Ohio 2016)

. . . taken to avoid collision shall be taken in accordance with the Rules of this subpart (Rules 4-19) (§§ 83.04 . . .

LOUGAS a k a v. SOPHIA ENTERPRISES, INC., 117 So. 3d 839 (Fla. Dist. Ct. App. 2013)

. . . payments before an action for eviction was filed,” a month-to-month tenancy is created); see also § 83.04 . . .

GRASS, v. REITZ,, 643 F.3d 579 (8th Cir. 2011)

. . . after both Kolocotronis and Jones were decided, the Missouri Supreme Court amended Supreme Court Rule 83.04 . . .

BURNS, v. PRUDDEN W., 588 F.3d 1148 (8th Cir. 2009)

. . . R. 83.04. . . . .

TAYLOR, v. ROPER,, 561 F.3d 859 (8th Cir. 2009)

. . . See Missouri Supreme Court Rule 83.04 ("Transfer by this Court is an extraordinary remedy that is not . . . Kemna, 276 F.3d 401, 404 (8th Cir.2002) ("Rule 83.04 ... makes clear that Missouri does not consider . . .

BEN- YAH ADC v. NORRIS,, 570 F. Supp. 2d 1086 (E.D. Ark. 2008)

. . . R. 83.04. . . . R. 83.04, 83.01. . . . The Court also found petitioner’s reliance on Missouri Supreme Court Rule 83.04 to be misplaced. . . . The Court noted that Rule 83.04 was promulgated in response to the holding in O’Sullivan v. . . . While Rule 83.04 controlled whether a habeas petitioner had exhausted his remedies in state court, it . . .

RIDDLE, v. KEMNA,, 523 F.3d 850 (8th Cir. 2008)

. . . R. 83.04. . . . R. 83.04, 83.01. . . . R. 83.04 (amended October 23, 2001). Rule 83.04 is a response to O’Sullivan v. . . . Rule 83.04, however, does not control the issue in this case. . . . Rule 83.04 permits Riddle to meet the exhaustion requirement in 28 U.S.C. § 2254(b)(1). . . .

C. HAMILTON, v. W. TANNER,, 962 So. 2d 997 (Fla. Dist. Ct. App. 2007)

. . . Tanner relies on section 83.04, Florida Statutes, which reads: Holding over after term, tenancy at sufferance . . . Therefore, he argues, pursuant to section 83.04, the postexpiration arrangement between the parties was . . . the existence of an oral lease, as opposed to a written instrument, took the tenancy out of section 83.04 . . . Hamilton alone forecloses his claim that the tenancy was a holdover under section 83.04 such that Mrs . . . The text of section 83.04 is the same for all years relevant to this case. . Mr. . . .

L. PIERSON, v. DORMIRE,, 484 F.3d 486 (8th Cir. 2007)

. . . P. 83.04. . . .

E. ADAMS, v. J. HOLLAND,, 330 F.3d 398 (6th Cir. 2003)

. . . Missouri rule, the Eighth Circuit rejected the State’s argument that “because the amendment to Rule 83.04 . . .

RANDOLPH, v. L. KEMNA,, 276 F.3d 401 (8th Cir. 2002)

. . . On October 23, 2001, that court issued an order amending Supreme Court Rule 83.04, which governs petitions . . . We believe that the amendment to the Rule 83.04 constitutes an unequivocal statement about where Missouri . . . The State argues that because the amendment to Rule 83.04 has an effective date of July 1, 2002, its . . .

M. DIXON, v. DORMIRE, J. L. v. C. v., 263 F.3d 774 (8th Cir. 2001)

. . . Pursuant to Missouri Supreme Court Rules 83.02 and 83.04 (2001), a defendant may apply to transfer his . . . Missouri Supreme Court Rules 88.02 and 83.04 provide that a case disposed of by an opinion of the Missouri . . .

In W. POLK,, 215 B.R. 250 (Bankr. M.D. Fla. 1997)

. . . The trustee seeks the statutory maximum fee in this case of $990.04, plus expenses of $83.04. 5. . . . application for compensation is granted in the requested amount of $990.04, along with expenses of $83.04 . . .

In L. STENTZ, W. STENTZ, L. v. L. STENTZ,, 197 B.R. 966 (Bankr. D. Neb. 1996)

. . . The recliner was purchased for Howard’s use at a cost of $83.04. . . .

THEODOROPOULOS v. TALBERT,, 666 So. 2d 1056 (Fla. Dist. Ct. App. 1996)

. . . See §§ 83.58, 83.04, 83.05, Fla.Stat. (1993). . . .

MELI INVESTMENT CORP. v. O. R., 621 So. 2d 676 (Fla. Dist. Ct. App. 1993)

. . . against tenants as holdover tenants, § 83.58, Fla.Stat. (1991), seeking damages pursuant to section 83.04 . . .

In SAFE- T- BRAKE OF FLORIDA, INC., 127 B.R. 68 (Bankr. S.D. Fla. 1991)

. . . Board, 183 So.2d 242, 244 (Fla. 3d D.C.A. 1966); F.S. 83.04. . . .

LINCOLN OLDSMOBILE, INC. f k a d b a a v. O. BRANCH H., 574 So. 2d 1111 (Fla. Dist. Ct. App. 1990)

. . . See § 83.04, Fla.Stat. (1985). . . .

WEALOT, v. ARMONTROUT,, 740 F. Supp. 1436 (W.D. Mo. 1990)

. . . Had the motion to transfer been granted, under Missouri Supreme Court Rules 83.04 and 83.08 the briefs . . .

BROWN, v. ARMONTROUT,, 853 F.2d 624 (8th Cir. 1988)

. . . Second, under Missouri Rules of Civil Procedure 83.04 and 83.08, a movant must forward a copy of the . . .

ZINN, v. MIMS THOMAS MIAMI COMPANY,, 504 So. 2d 60 (Fla. Dist. Ct. App. 1987)

. . . . § 83.04, Fla.Stat. (1985). . . .

BURBRIDGE REALTY COMPANY, v. CRAVEY ARMS CORP., 24 Fla. Supp. 2d 24 (Fla. Cir. Ct. 1986)

. . . for August, September, and October, 1984, is a “further instrument in writing” as required by Section 83.04 . . .

SHARICK, v. SAGER, 8 Fla. Supp. 2d 122 (Fla. Cir. Ct. 1984)

. . . Appellant argues that Appellee was a tenant at sufferance under F.S. 83.04; he owed no legal duty to . . .

UNITED STATES v. DALLAS COUNTY COMMISSION,, 548 F. Supp. 794 (S.D. Ala. 1982)

. . . broad discretion granted this Court by Rule 83, F.R.C.P. 7 Moore’s Federal Practice, Sections 83.03, 83.04 . . .

EXECUTIVE SQUARE OFFICE BUILDING, a v. O CONNOR AND ASSOCIATES, INC., 19 B.R. 143 (Bankr. N.D. Fla. 1981)

. . . Section 83.04, Florida Statutes, provides that a tenant who holds over after expiration of his term without . . .

A. YOUNG, a v. M. KLUTZNICK, P., 652 F.2d 617 (6th Cir. 1981)

. . . Of the remaining one-third or 5,362 persons, 83.04 percent of the individuals contacted by the Census . . .

In HURDLE,, 11 B.R. 304 (Bankr. E.D. Va. 1981)

. . . The debtors’ amended plan proposes to make thirty-two (32) payments to the trustee of $83.04 over a term . . .

L. CAREY, I. L. E. v. M. KLUTZNICK, P. F. G. L. Jr., 508 F. Supp. 420 (S.D.N.Y. 1980)

. . . Of the remaining one-third or 5,362 persons, 83.04 percent of the individuals contacted by the Census . . .

In ALFRAN CORPORATION, ALFRAN CORPORATION, v. PARK ISLES, INC., 7 B.R. 95 (Bankr. M.D. Fla. 1980)

. . . Florida Statute § 83.04 (1979) sets forth the proper procedure which governs renewal of leases. . . . by Park Isles is not only not supported, it is actually refuted by judicial decisions interpreting § 83.04 . . . DCA 1977), the court held that a total reliance on § 83.04 of the Florida Statutes (1975) is not justified . . . payment and acceptances of rent justified the court to disregard the written notice requirement of § 83.04 . . . the Hancheys did not operate as a waiver of the written notice requirement of the lease, as well as § 83.04 . . .

BURCH, v. A. BRINKLEY, Jr., 382 So. 2d 440 (Fla. Dist. Ct. App. 1980)

. . . appellant failed to plead facts in the complaint negativing the application of Sections 689.01 and 83.04 . . . lease agreement alleged in Count I, and that, in the absence of a showing of special circumstances, § 83.04 . . .

HENRY, v. D. S. M. COMPANY,, 352 So. 2d 1230 (Fla. Dist. Ct. App. 1977)

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

KAROWARE, INC. v. UNITED STATES,, 564 F.2d 77 (C.C.P.A. 1977)

. . . wood (heading 44.27), and office equipment of base metal (e. g., sorting boxes, paper trays) (heading 83.04 . . .

KAROWARE, INC. v. UNITED STATES, 427 F. Supp. 402 (Cust. Ct. 1976)

. . . wood (heading 44.27), and office equipment of base metal (e. g., sorting boxes, paper trays) (heading 83.04 . . .

M. LEDFORD E. v. T. S. SKINNER, 328 So. 2d 219 (Fla. Dist. Ct. App. 1976)

. . . Sec. 83.04, F.S. 1975. . . . The jury, which was properly charged on the effect of § 83.04, F.S., found from all the circumstances . . . In Painter, supra, 79 So.2d at 767, the Court recognized that the effect of § 83.04, F.S., might be varied . . . To hold in these circumstances that § 83.04, F.S., transformed the Skinners’ payments after September . . .

J. NELSON, v. GROWERS FORD TRACTOR CO. a a, 282 So. 2d 664 (Fla. Dist. Ct. App. 1973)

. . . Section 83.04, Florida Statutes 1971, F.S.A. . . .

CITY OF MIAMI BEACH, a v. FLEETWOOD HOTEL, INC., 261 So. 2d 801 (Fla. 1972)

. . . by the City Council, and that the Ordinance conflicted with state law, specifically Sections 83.03, 83.04 . . . the trial court that this rent control ordinance does conflict with Florida Statutes Sections 83.03, 83.04 . . . F.S. 83.04, F.S.A. provides a tenancy at will may be terminated by either party upon giving of specified . . . F.S. 83.04, F.S.A. provides that a tenant who holds over after a written lease has expired is a tenant . . .

SPROUSE REITZ CO. P. Co. v. UNITED STATES, 332 F. Supp. 209 (Cust. Ct. 1971)

. . . work (heading 4417), and office equipment of base metal (e. g., sorting boxes, paper trays) (heading 83.04 . . .

RODIN, v. LERMAN,, 237 So. 2d 278 (Fla. Dist. Ct. App. 1970)

. . . Town of Groveland, Fla. 1955, 79 So.2d 765, §§ 83.02, 83.04, Fla.Stat., F.S.A. . . .

FLEETWOOD HOTEL, v. CITY OF MIAMI BEACH, 33 Fla. Supp. 192 (Dade Cty. Cir. Ct. 1970)

. . . As to the third issue, portions of the ordinance conflict with state law, particularly §§83.03, 83.04 . . .

GRIZZARD, v. HESS OIL COMPANY, 33 Fla. Supp. 128 (Lake Cty. Cir. Ct. 1970)

. . . . §83.04 — When any tenancy created by an instrument in writing, the term of which is limited, has expired . . . See F.S. §83.04. . . .

L. TRASK, v. SUSSKIND, 376 F.2d 17 (5th Cir. 1967)

. . . The pertinent Florida statute, Florida Statutes Annotated, Section 83.04, provides as follows: “When . . .

LEADERS INTERNATIONAL JEWELRY, INC. a v. BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY,, 183 So. 2d 242 (Fla. Dist. Ct. App. 1966)

. . . construing its possession of the premises after November 1, 1964 as a tenancy at sufferance under § 83.04 . . . Section 83.04, supra, reads as follows: “When any tenancy shall have been created by an instrument of . . . agree that these actions taken either alone or as a whole constitute a written consent required under § 83.04 . . . permissive occupancy is generally inconsistent with a tenancy at sufferance the Legislature has by § 83.04 . . . hold-over tenant who is already in possession might create a situation such as that presented here and by § 83.04 . . .

ENGEL v. CHABNER, 24 Fla. Supp. 68 (Dade Cty. Small Cl. Ct. 1965)

. . . Plaintiff contends that she did not renew the lease and cites §83.04 F. . . . agreement and conduct of the parties thereunder that would take this case out of the requirements of §83.04 . . . evidence of any conduct on the part of the parties that would take this case out of the requirements of §83.04 . . . would be tantamount to an indirect enforcement of a renewal lease, thus subverting the provisions of §83.04 . . .

MOSSLER ACCEPTANCE COMPANY, d b a v. MARTIN, C. E. t d b a, 322 F.2d 183 (5th Cir. 1963)

. . . . §§ 83.01-83.04; Painter v. Town of Groveland, Fla., 79 So.2d 765. . 51 C.J.S. . . .

S. FILARETOU, v. CHRISTOU, 133 So. 2d 652 (Fla. Dist. Ct. App. 1961)

. . . Section 83.04, F.S.A., provides, in effect, that if the tenant holds over without renewing the said lease . . .

S. LEMEL, INC. a v. AVENUE FARMERS MARKET, INC. a, 126 So. 2d 167 (Fla. Dist. Ct. App. 1961)

. . . complaint on its face manifests that the appellants are holdover tenants, coming within the provisions of § 83.04 . . . In view of the clearly expressed legislative intent contained in § 83.04, it would appear that here the . . . agreement and no written authority, were tenants at sufferance and have no cause of action, because of § 83.04 . . . Without new written leases § 83.04, Fla.Stat., F.S.A., would relegate the lessees to tenants at sufferance . . .

MARWOOD COMPANY, v. CLEARVIEW DORWINDO CORP., 12 Fla. Supp. 143 (Palm Beach Cty. Cir. Ct. 1957)

. . . Also, section 83.04, Florida Statutes, provides that when a lease has terminated without a renewal by . . .

L. PAINTER D. v. TOWN OF GROVELAND,, 79 So. 2d 765 (Fla. 1955)

. . . Our statute, Section 83.04, Fla. . . . over under a written lease containing an option to renew is “subject to the provisions of” Section 83.04 . . . At most, the Painters were tenants at will, under the provisions of Section 83.04, supra, that “if such . . .

G. W. ROSAMOND, v. H. J. MANN S., 80 So. 2d 317 (Fla. 1955)

. . . . § 83.04, which provides in part that a hold-over tenancy after a written lease without written renewal . . . F.S.A. § 83.04 was originally enacted as Sec. 4 of Laws. 1905, c. 5441. . . . The constitutionality of the 1931 amendment to F.S.A. § 83.04, supra, is not raised, and we express no . . . ” has been under the statute subsequently held unconstitutional, and so far as we are informed Sec. 83.04 . . . Statutes such as Sec. 83.04, rendering a hold-over tenancy -one at sufferance are not uncommon. . . .

JOHN S. KERNACHAN v. THE UNITED STATES, 63 Ct. Cl. 592 (Ct. Cl. 1927)

. . . Said return disclosed a net income of $3,383.95 and a tax liability of $83.04, which amount the plaintiff . . . The plaintiff paid $83.04 under his return as aforesaid, and the United States is entitled to retain . . .