Florida Statutes

Fla. Stat. § 83.07 (2025)

Action for use and occupation.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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83.07 Action for use and occupation.—Any landlord, the landlord’s heirs, executors, administrators or assigns may recover reasonable damages for any house, lands, tenements, or hereditaments held or occupied by any person by the landlord’s permission in an action on the case for the use and occupation of the lands, tenements, or hereditaments when they are not held, occupied by or under agreement or demise by deed; and if on trial of any action, any demise or agreement (not being by deed) whereby a certain rent was reserved is given in evidence, the plaintiff shall not be dismissed but may make use thereof as an evidence of the quantum of damages to be recovered.

History.—s. 7, Nov. 21, 1828; RS 1760; GS 2236; RGS 3555; CGL 5419; s. 34, ch. 67-254; s. 428, ch. 95-147.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1970–2022 · leading case: Thrifty Dutchman, Inc. v. Florida Supermarkets, Inc. (In Re Thrifty Dutchman, Inc.), 97 B.R. 101 (Bankr. S.D. Florida 1988).

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Thrifty Dutchman, Inc. v. Florida Supermarkets, Inc. (In Re Thrifty Dutchman, Inc.), 97 B.R. 101 (Bankr. S.D. Florida 1988). · cites it 4× “Under Florida law, a landlord has several courses of action available to it when a former tenant continues to use and/or occupy the demised premises after expiration of the term of a lease. For example, the landlord may demand double rent as statutory damages under F.”

Yanks v. Truly Nolen, Inc., 341 So. 2d 829 (Fla. 3d DCA 1977). · cites it 2× “See Section 83.07, Florida Statutes (1973), Action for use and occupation.”

Zacharias v. Kitzman (M.D. Fla. 2022). “06 (duty to operate at safe speeds); § 83.07 (duty to determine if there is a risk of collision); § 83.”

Grizzard v. Hess Oil Co., 33 Fla. Supp. 128 (Fla. Cir. Ct., Lake Cty. 1970). · cites it 2× “F.S. §83.07 authorizes an action to recover “reasonable damages” for the use and occupation of property by another person with the owner’s permission, when such property is not held, occupied by or *135 under agreement (lease) or demise by deed.”

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