Florida Statutes
Fla. Stat. § 83.11 (2025)
Distress for rent; complaint.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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83.11 Distress for rent; complaint.—Any person to whom any rent or money for advances is due or the person’s agent or attorney may file an action in the court in the county where the land lies having jurisdiction of the amount claimed, and the court shall have jurisdiction to order the relief provided in this part. The complaint shall be verified and shall allege the name and relationship of the defendant to the plaintiff, how the obligation for rent arose, the amount or quality and value of the rent due for such land, or the advances, and whether payable in money, an agricultural product, or any other thing of value.
History.—s. 2, ch. 3131, 1879; RS 1764; GS 2240; RGS 3559; CGL 5423; s. 34, ch. 67-254; s. 1, ch. 80-282; s. 431, ch. 95-147.
Notes of Decisions
Cited in 18
cases, 1958–2004 · leading case: Phillips v. Guin & Hunt, Inc., 344 So. 2d 568 (Fla. 1977).
Phillips v. Guin & Hunt, Inc., 344 So. 2d 568 (Fla. 1977). “[1] *570 Appellants/landlords filed a distress for rent claim under Section 83.11, Florida Statutes (1975), along with an affidavit in support of the claim.”
Comcoa, Inc. v. Coe, 587 So. 2d 474 (Fla. 3d DCA 1991). “So amended, §§ 83.11-12 seem fully to comply with the requirements set forth in Phillips : [I]t is constitutionally imperative that a writ issue only after an impartial factual determination is made concerning the existence of the essential elements necessary for issuance of the…”
Van Hoose v. Robbins, 165 So. 2d 209 (Fla. 2d DCA 1964). “[6] Fla. Stat. §§ 83.11-83.13 , F.S.A. [7] Fla.”
McKesson & Robbins, Inc. v. Taft Street Shopping Ctr., 184 So. 2d 210 (Fla. 3d DCA 1966). “The next point raised by the appellant is that no valid judgment was entered on the landlord’s distraint because the Taft Street Shopping Center failed to file an amended bond and therefore did not comply with F.S.A. § 83.11. McKesson & Robbins, Inc. last contention is that…”
Goodman v. Brasseria La Capannina, Inc., 602 So. 2d 1245 (Fla. 1992). “§ 83.11, Fla.Stat. (1989). . Ch. 80-282, § 2, Laws of Fla.”
Ford Concepts, Inc. v. Jones (In Re Ford Concepts, Inc.), 85 B.R. 893 (Bankr. S.D. Florida 1988). “§ 83.11 ff. Had the Joneses known that their plausible assumption that the concrete plant (which is at least two stories high) was not real property (it had not been moved for six years), and had they known that the debtor was in bankruptcy and, therefore, could not abandon…”
State v. Miller, 373 So. 2d 677 (Fla. 1979). “— When any person entrusts to any mechanic or laborer, materials with which to construct, alter or repair any article of value, or any article of value to be altered or repaired, and if the article is completed and not taken away, and the reasonable charges not paid, such…”
Concrete Block & Wall Co. v. Knap, 102 So. 2d 742 (Fla. 3d DCA 1958). “Section 83.11-19, Fla.Stat., F.S.A., provides the landlord the remedy for perfecting and enforcing a statutory lien for rent.”
Dobbs v. Petko, 207 So. 2d 11 (Fla. 4th DCA 1968). “Section 83.11, F.S.A.1965, which in pertinent part states: “Any person to whom any rent or money for advances may be due, his agent or attorney, executor or administrator, may make and file in the court in the county where the land lies, having jurisdiction of the amount…”
Picasso Tower, Inc. v. DAIRENE INTERN., 874 So. 2d 640 (Fla. 3d DCA 2004). “See §§ 83.11-19, Fla. Stat. (2000). The landlord argues that since the dissolution of the injunction was not a ruling on the merits, it follows that injunction damages cannot be awarded.”
Midair, Inc. v. Sebring Airport Auth., Inc., 315 So. 2d 214 (Fla. 2d DCA 1975). “On June 21, 1974, appellee filed a complaint in the circuit court alleging breach of the agreement, asserting a landlord’s lien for arrearages to May 1, 1974 and seeking distress pursuant to § 83.11 et seq., F.S.1973. A distress warrant duly issued commanding the Sheriff of…”
Stroemer v. Shevin, 399 F. Supp. 993 (S.D. Fla. 1973). “(F.S.83.11). The Clerk is then required to issue a distress writ commanding the sheriff to levy on the property liable to be distrained and to summon the Defendant to answer the landlord’s complaint.”
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