83.05
Right of possession upon default in rent; determination of right of possession in action or surrender or abandonment of premises.
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83.05 Right of possession upon default in rent; determination of right of possession in action or surrender or abandonment of premises.—
(1) If any person leasing or renting any land or premises other than a dwelling unit fails to pay the rent at the time it becomes due, the lessor has the right to obtain possession of the premises as provided by law.
(2) The landlord shall recover possession of rented premises only:
(a) In an action for possession under s. 83.20, or other civil action in which the issue of right of possession is determined;
(b) When the tenant has surrendered possession of the rented premises to the landlord; or
(c) When the tenant has abandoned the rented premises.
(3) In the absence of actual knowledge of abandonment, it shall be presumed for purposes of paragraph (2)(c) that the tenant has abandoned the rented premises if:
(a) The landlord reasonably believes that the tenant has been absent from the rented premises for a period of 30 consecutive days;
(b) The rent is not current; and
(c) A notice pursuant to s. 83.20(2) has been served and 10 days have elapsed since service of such notice.
However, this presumption does not apply if the rent is current or the tenant has notified the landlord in writing of an intended absence.
History.—s. 5, Nov. 21, 1828; RS 1750; GS 2226; RGS 3534; CGL 5398; s. 34, ch. 67-254; s. 1, ch. 83-151.
Notes of Decisions
Cited in 17
cases (3 in the last 5 years), 1964–2025 · leading case: Herrell v. SEYFARTH, SHAW
Herrell v. SEYFARTH, SHAW (1986)
“Perhaps the most profound change occurred in 1983 with the amendment to Section 83.05, Florida Statutes, eliminating the landlord's self-help right to eviction, and authorizing the landlord to recover possession of nonresidential rental property under the following conditions:…”
Executive Square Office Building v. O'Connor & Associates, Inc. (1981)
“Section 83.05, Florida Statutes, provides that upon the failure of a tenant to pay rent at the time it becomes due the lessor thereafter has the right of immediate possession and re-entry.”
Millard v. Brannan (1989)
“NOTES [*] Section 83.05, Florida Statutes (1983) provides: 83.”
Rodeway Inns of America v. Alpaugh (1980)
“§§ 83.05 et seq., Fla. Stat. If there is a lease, however, its provisions are conclusively controlling, and a court will not substitute its judgment for that of the parties by rewriting that lease.”
Palm Beach Florida Hotel v. Nantucket Enterprises, Inc. (2016)
“1st DCA 1986) (“The effect of the amendment to section 83.05 is to abrogate the landlord’s right to obtain possession—unless he files an action for possession under section 83.”
Ardell v. Milner (1964)
“However, under the common law, non-payment of rent does not as a general rule work a forfeiture and confers no right of reentry.”
Van Hoose v. Robbins (1964)
“" (emphasis supplied) [5] Fla. Stat. § 83.05 , F.S.A. [6] Fla. Stat.”
Brownlee v. Sussman (1970)
“*319 Although equitable defenses may not be raised in an action instituted pursuant to § 83.05, Fla. Stat., F.S.A., it should be noted that a court of equity will relieve against the forfeiture of a lease for the non-payment of rent if it is equitable to do so and if there is a…”
CSC SERVICEWORKS, INC. v. BOCA BAYOU CONDOMINIUM ASSOCIATION, INC. (2020)
“§ 83.05(2), Fla. Stat. (2016). The association, rather than filing eviction proceedings as section 83.”
Hallucination Media, LLC v. The Ritz Ybor, LLC (2021)
“May 28, 2020) (indicating that when analyzing a statute of frauds defense a “threshold question” is whether there is a contract under applicable law).”
GULFSTREAM PARK RACING ASSOC. v. MI-VI, INC. (2019)
“The tenant alleged the landlord’s actions violated section 83.05(2), Florida Statutes (2017) because it engaged in self-help to evict the tenant.”
Justin Mooney and Katarina A. Korray v. Color Le Palais of Boynton Beach Homeowners Association, Inc. (2025)
“In Florida, a 1983 amendment to section 83.05, Florida Statutes, “abrogate[d] the landlord’s right to obtain possession—unless he files an action for possession under section 83.”
— 83.05(1) — 1 case
— 83.05(2) — 2 cases
CSC SERVICEWORKS, INC. v. BOCA BAYOU CONDOMINIUM ASSOCIATION, INC. (2020)
“§ 83.05(2), Fla. Stat. (2016). The association, rather than filing eviction proceedings as section 83.”
GULFSTREAM PARK RACING ASSOC. v. MI-VI, INC. (2019)
“The tenant alleged the landlord’s actions violated section 83.05(2), Florida Statutes (2017) because it engaged in self-help to evict the tenant.”
— 83.05(2)(a) — 3 cases
Herrell v. SEYFARTH, SHAW (1986)
“Perhaps the most profound change occurred in 1983 with the amendment to Section 83.05, Florida Statutes, eliminating the landlord's self-help right to eviction, and authorizing the landlord to recover possession of nonresidential rental property under the following conditions:…”
CSC SERVICEWORKS, INC. v. BOCA BAYOU CONDOMINIUM ASSOCIATION, INC. (2020)
“§ 83.05(2), Fla. Stat. (2016). The association, rather than filing eviction proceedings as section 83.”
— 83.05(2)(a)(b) — 1 case
Herrell v. SEYFARTH, SHAW (1986)
“Perhaps the most profound change occurred in 1983 with the amendment to Section 83.05, Florida Statutes, eliminating the landlord's self-help right to eviction, and authorizing the landlord to recover possession of nonresidential rental property under the following conditions:…”
— 83.05(2)(b) — 1 case
Herrell v. SEYFARTH, SHAW (1986)
“Perhaps the most profound change occurred in 1983 with the amendment to Section 83.05, Florida Statutes, eliminating the landlord's self-help right to eviction, and authorizing the landlord to recover possession of nonresidential rental property under the following conditions:…”
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