Florida Statute 83.5 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 83
LANDLORD AND TENANT

View Entire Chapter

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 CourtListener

Amendments to 83.05

Annotations, Discussions, Cases:

Cases Citing Statute 83.05

Total Results: 11

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

be construed to be a tenant at sufferance. Section 83.05, Florida Statutes, provides that upon the failure

Herrell v. SEYFARTH, SHAW

491 So. 2d 1173, 11 Fla. L. Weekly 1461

District Court of Appeal of Florida | Filed: Jul 2, 1986 | Docket: 1721995

Cited 7 times | Published

change occurred in 1983 with the amendment to Section 83.05, Florida Statutes, eliminating the landlord's

Millard v. Brannan

553 So. 2d 1248, 1989 WL 119552

District Court of Appeal of Florida | Filed: Dec 15, 1989 | Docket: 1675564

Cited 6 times | Published

J., and THREADGILL, J., concur. NOTES [*] Section 83.05, Florida Statutes (1983) provides: 83.05 Right

Brownlee v. Sussman

238 So. 2d 317, 1970 Fla. App. LEXIS 5949

District Court of Appeal of Florida | Filed: Aug 11, 1970 | Docket: 1530039

Cited 5 times | Published

be raised in an action instituted pursuant to § 83.05, Fla. Stat., F.S.A., it should be noted that a

Ardell v. Milner

166 So. 2d 714

District Court of Appeal of Florida | Filed: Jul 7, 1964 | Docket: 1284335

Cited 5 times | Published

718b. In Florida, the Legislature has enacted § 83.05, Fla. Stat., F.S.A., and its predecessors, giving

Van Hoose v. Robbins

165 So. 2d 209

District Court of Appeal of Florida | Filed: Jun 12, 1964 | Docket: 1405691

Cited 5 times | Published

of action." (emphasis supplied) [5] Fla. Stat. § 83.05, F.S.A. [6] Fla. Stat. §§ 83.11-83.13, F.S.A.

Palm Beach Florida Hotel v. Nantucket Enterprises, Inc.

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

District Court of Appeal of Florida | Filed: Dec 7, 2016 | Docket: 60262647

Cited 4 times | Published

DCA 1986) (“The effect of the amendment to section 83.05 is to abrogate the landlord’s right to obtain

Justin Mooney and Katarina A. Korray v. Color Le Palais of Boynton Beach Homeowners Association, Inc.

District Court of Appeal of Florida | Filed: Aug 27, 2025 | Docket: 71209490

Published

(N.H. 2006). In Florida, a 1983 amendment to section 83.05, Florida Statutes, “abrogate[d] the landlord’s

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

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

Published

may 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.

District Court of Appeal of Florida | Filed: Dec 18, 2019 | Docket: 16601135

Published

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

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

745 So. 2d 451, 1999 Fla. App. LEXIS 14817, 1999 WL 1015688

District Court of Appeal of Florida | Filed: Nov 10, 1999 | Docket: 64792435

Published

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