Florida Statutes

Fla. Stat. § 83.08 (2025)

Landlord’s lien for rent.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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83.08 Landlord’s lien for rent.—Every person to whom rent may be due, the person’s heirs, executors, administrators or assigns, shall have a lien for such rent upon the property found upon or off the premises leased or rented, and in the possession of any person, as follows:

(1) Upon agricultural products raised on the land leased or rented for the current year. This lien shall be superior to all other liens, though of older date.

(2) Upon all other property of the lessee or his or her sublessee or assigns, usually kept on the premises. This lien shall be superior to any lien acquired subsequent to the bringing of the property on the premises leased.

(3) Upon all other property of the defendant. This lien shall date from the levy of the distress warrant hereinafter provided.

History.—ss. 1, 9, 10, ch. 3131, 1879; RS 1761; GS 2237; RGS 3556; CGL 5420; s. 34, ch. 67-254; s. 429, ch. 95-147.

Notes of Decisions

Cited in 45 cases (3 in the last 5 years), 1954–2024 · leading case: Seymour v. Adams, 638 So. 2d 1044 (Fla. 5th DCA 1994).

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Seymour v. Adams, 638 So. 2d 1044 (Fla. 5th DCA 1994). · cites it 9× “does not provide or confirm in the landlord a self-executing possessory lien; and that the promulgation of statutory distress under said Chapter 83, viewed in the light of Fla. Stat. § 2.01 , F.S.A., effectively superseded common law distress at least in cases where…”

Sachs v. Curry-Thomas Hardware, 464 So. 2d 597 (Fla. 1st DCA 1985). · cites it 14× “Sachs contends that the trial judge erred in finding that a landlord's lien asserted by Curry-Thomas, pursuant to Section 83.08, Florida Statutes (1983), was superior to a purchase money security lien asserted by Sachs in certain personal property located on real property owned…”

Mathias v. Walling Enter., Inc., 609 So. 2d 1323 (Fla. 5th DCA 1992). · cites it 16× “[8] § 83.08(2), Fla. Stat. (1985). [9] 53 C.J.”

Flowers v. Centrust Sav. Bank, 556 So. 2d 1123 (Fla. 3d DCA 1989). · cites it 8× “This is an appeal from a final judgment of foreclosure in favor of a landlord pursuant to section 83.08, Florida Statutes (1987). We reverse.”

Walling Enter., Inc. v. Mathias, 636 So. 2d 1294 (Fla. 1994). · cites it 5× “[3] Section 83.08, Florida Statutes (1985), provides in pertinent part: Every person to whom rent may be due, his heirs, executors, administrators or assigns, shall have a lien for such rent upon the property found upon or off the premises leased or rented, and in the possession…”

Flanigan's Enter. v. Barnett Bank, 639 So. 2d 617 (Fla. 1994). · cites it 7× “See § 83.08, Fla. Stat. (1977). Flanigan's sought damages under section 818.”

Van Hoose v. Robbins, 165 So. 2d 209 (Fla. 2d DCA 1964). · cites it 6× “[6] Our conclusion is that the defendant's lien, which was procedurally unperfected, did not give him the right to assume and withhold possession of the plaintiff's property in the manner indicated; that Fla. Stat. § 83.08 , F.S.A. does not provide or confirm in the landlord a…”

United States v. S.K.A. Assocs., Inc., the S. K. A. Assocs., a P'ship, 600 F.2d 513 (5th Cir. 1979). · cites it 2× “maintains that it has a landlord’s lien for unpaid rent, Fla. Stat.Ann. § 83.08(2) (West Supp.1978), which is superior to the SBA’s perfected security interest and which, like the SBA’s claim, exceeds the value of the collateral.”

United States v. Weissman, 135 So. 2d 235 (Fla. 2d DCA 1961). · cites it 4× “Samuel Weissman and Beth Weissman, his wife, some of the appellees here, filed their complaint to foreclose a landlord's lien for rent given by Section 83.08, Florida Statutes, F.S.A. The United States of America, appellant here, and the other appellees, were defendants.”

Beason-simons v. Avion Tech., 662 So. 2d 1317 (Fla. 4th DCA 1995). · cites it 3× “Section 83.08 provides in part: Landlord's lien for rent.”

Gmca Corp. v. Noni, Inc., 227 So. 2d 891 (Fla. 3d DCA 1969). · cites it 2× “We hold that a landlord's lien [pursuant to provision of § 83.08, Fla. Stat., F.S.A.] attaches either at the time of the commencement of a tenancy or when a chattel is brought on the premises.”

Robie v. Port Douglas (Florida), Inc., 662 So. 2d 1389 (Fla. 3d DCA 1995). · cites it 5× “Section 83.08, Florida Statutes (1993), provides in relevant part: Landlord’s Lien for rent.”

Show all 45 citing cases →

— 83.08(2) — 18 cases

Mathias v. Walling Enter., Inc., 609 So. 2d 1323 (Fla. 5th DCA 1992). “[8] § 83.08(2), Fla. Stat. (1985). [9] 53 C.J.”

Sachs v. Curry-Thomas Hardware, 464 So. 2d 597 (Fla. 1st DCA 1985). “Sachs contends that the trial judge erred in finding that a landlord's lien asserted by Curry-Thomas, pursuant to Section 83.08, Florida Statutes (1983), was superior to a purchase money security lien asserted by Sachs in certain personal property located on real property owned…”

Seymour v. Adams, 638 So. 2d 1044 (Fla. 5th DCA 1994). “does not provide or confirm in the landlord a self-executing possessory lien; and that the promulgation of statutory distress under said Chapter 83, viewed in the light of Fla. Stat. § 2.01 , F.S.A., effectively superseded common law distress at least in cases where…”

United States v. S.K.A. Assocs., Inc., the S. K. A. Assocs., a P'ship, 600 F.2d 513 (5th Cir. 1979). “maintains that it has a landlord’s lien for unpaid rent, Fla. Stat.Ann. § 83.08(2) (West Supp.1978), which is superior to the SBA’s perfected security interest and which, like the SBA’s claim, exceeds the value of the collateral.”

Walling Enter., Inc. v. Mathias, 636 So. 2d 1294 (Fla. 1994). “[3] Section 83.08, Florida Statutes (1985), provides in pertinent part: Every person to whom rent may be due, his heirs, executors, administrators or assigns, shall have a lien for such rent upon the property found upon or off the premises leased or rented, and in the possession…”

— 83.08(3) — 2 cases

Beck v. Robb (In re KMM Corp.), 14 B.R. 348 (Bankr. S.D. Florida 1981).

AGV Partners, Inc. (Bankr. M.D. Fla. 2022).

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