Florida Statute 83.05 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 83
LANDLORD AND TENANT

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F.S. 83.05

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

(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

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.

F.S. 83.05 on Google Scholar

F.S. 83.05 on Casetext

Amendments to 83.05

Arrestable Offenses / Crimes under Fla. Stat. 83.05

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 83.05.

Annotations, Discussions, Cases:

Cases Citing Statute 83.05

Total Results: 20

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

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

Snippet: have had a valid unlawful eviction claim. Section 83.05(2), Florida Statutes (2016), provides only three

GULFSTREAM PARK RACING ASSOC. v. MI-VI, INC.

Court: District Court of Appeal of Florida | Date Filed: 2019-12-18

Snippet: alleged the landlord’s actions violated section 83.05(2), Florida Statutes (2017) because it engaged in

Davis v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-06-28

Citation: 226 So. 3d 318, 2017 WL 2790897, 2017 Fla. App. LEXIS 9355

Snippet: United States, 365 U.S. 505, 511, 81 S.Ct. 679, 682-83, 5 L.Ed. 2d 734 (1961). It is this concept of

Palm Beach Florida Hotel v. Nantucket Enterprises, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2016-12-07

Citation: 211 So. 3d 42, 2016 Fla. App. LEXIS 18069

Snippet: 1986) (“The effect of the amendment to section 83.05 is to abrogate the landlord’s right to obtain possession—unless

League of Women Voters of Florida v. Detzner

Court: Supreme Court of Florida | Date Filed: 2015-12-02

Citation: 179 So. 3d 258, 2015 WL 7753054

Snippet: District 17_91__SS3_0.52 '■ • 0.77 0.89 AVERAGE 83.5 . 303.5 0.52 0.80 0.38 Although 9066 is an improvement

Cooper v. Cooper

Court: District Court of Appeal of Florida | Date Filed: 2011-08-19

Citation: 69 So. 3d 977, 2011 WL 3629359

Snippet: insurance. These figures total $10,509, or approximately 83.5% of the Husband’s net monthly income. This award

Ago

Court: Florida Attorney General Reports | Date Filed: 2011-07-21

Snippet: governing board of the district. And see s. 373.083(5), Fla. Stat. 2 Section 386.209, Fla. Stat. 2010

Cote v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-06-17

Citation: 14 So. 3d 1137, 2009 Fla. App. LEXIS 8849, 2009 WL 1675743

Snippet: United States, 365 U.S. 505, 511, 81 S.Ct. 679, 682-83, 5 L.Ed.2d 734 (1961). A ruling on a motion to suppress

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Court: Florida Attorney General Reports | Date Filed: 2009-04-23

Snippet: 88-52 (1988), 86-87 (1986), 84-76 (1984), and 83-05 (1983) (legislative determination and findings as

Parker v. State

Court: Supreme Court of Florida | Date Filed: 2009-01-22

Citation: 3 So. 3d 974, 34 Fla. L. Weekly Supp. 37, 2009 Fla. LEXIS 39, 2009 WL 137502

Snippet: 153 L.Ed.2d 556 (2002). Parker, 904 So.2d at 381-83. [5] The rule governing the disqualification of trial

Tennis v. State

Court: Supreme Court of Florida | Date Filed: 2008-12-11

Citation: 997 So. 2d 375, 2008 WL 5170559

Snippet: not] competent to defend himself." Id. at 2382-83. [5] The potential impact of Indiana v. Edwards on

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Court: Florida Attorney General Reports | Date Filed: 2006-03-21

Snippet: 88-52 (1988), 86-87 (1986), 84-76 (1984), and 83-05 (1983) (legislative determination and findings as

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Court: Florida Attorney General Reports | Date Filed: 2005-08-02

Snippet: funds. For example, in Attorney General Opinion 83-05, this office concluded that under proper circumstances

State v. Carpenter

Court: District Court of Appeal of Florida | Date Filed: 2005-04-13

Citation: 899 So. 2d 1176, 2005 WL 845775

Snippet: punishable as provided in Sec. 775.082 or Sec. 775.083. [5] This statute provides in pertinent part that:

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Court: Florida Attorney General Reports | Date Filed: 2005-01-27

Snippet: maintenance of such roads). 4 See Op. Att_y Gen. Fla. 83-05 (1983) (under proper circumstances, and based upon

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Court: Florida Attorney General Reports | Date Filed: 2004-07-12

Snippet: funds. For example, in Attorney General Opinion 83-05, this office concluded that under proper circumstances

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Court: Florida Attorney General Reports | Date Filed: 2004-05-11

Snippet: Laws of Florida. 15 And see Op. Att'y Gen. Fla. 83-05 (1983) (under proper circumstances and based upon

Winkler v. Moore

Court: Supreme Court of Florida | Date Filed: 2002-04-25

Citation: 831 So. 2d 63, 2002 WL 717819

Snippet: 34 34 34 *83 05/31/1994

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Court: Florida Attorney General Reports | Date Filed: 2000-07-06

Snippet: section 112.061. While the language of section 374.083(5), Florida Statutes, appears to authorize a member's

Grupo Del Conte, Inc. v. Clark Alvarado Insurance, Agency, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1999-11-10

Citation: 745 So. 2d 451, 1999 Fla. App. LEXIS 14817

Snippet: unequivocally established a violation of section 83.05, Florida Statutes (1999), the summary judgment on