Florida Statute 83.20 - 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. 83.20

83.20 Causes for removal of tenants.—Any tenant or lessee at will or sufferance, or for part of the year, or for one or more years, of any houses, lands or tenements, and the assigns, under tenants or legal representatives of such tenant or lessee, may be removed from the premises in the manner hereinafter provided in the following cases:

(1) Where such person holds over and continues in the possession of the demised premises, or any part thereof, after the expiration of the person’s time, without the permission of the person’s landlord.

(2) Where such person holds over without permission as aforesaid, after any default in the payment of rent pursuant to the agreement under which the premises are held, and 3 days’ notice in writing requiring the payment of the rent or the possession of the premises has been served by the person entitled to the rent on the person owing the same. The service of the notice shall be by delivery of a true copy thereof, or, if the tenant is absent from the rented premises, by leaving a copy thereof at such place.

(3) Where such person holds over without permission after failing to cure a material breach of the lease or oral agreement, other than nonpayment of rent, and when 15 days’ written notice requiring the cure of such breach or the possession of the premises has been served on the tenant. This subsection applies only when the lease is silent on the matter or when the tenancy is an oral one at will. The notice may give a longer time period for cure of the breach or surrender of the premises. In the absence of a lease provision prescribing the method for serving notices, service must be by mail, hand delivery, or, if the tenant is absent from the rental premises or the address designated by the lease, by posting.

History.—s. 1, ch. 3248, 1881; RS 1751; GS 2227; RGS 3535; CGL 5399; s. 34, ch. 67-254; s. 20, ch. 77-104; s. 2, ch. 88-379; s. 1, ch. 93-70; s. 437, ch. 95-147.

F.S. 83.20 on Google Scholar

F.S. 83.20 on CourtListener

Amendments to 83.20

Annotations, Discussions, Cases:

Cases Citing Statute 83.20

Total Results: 38

Hyman v. Cohen

73 So. 2d 393, 1954 Fla. LEXIS 1539

Supreme Court of Florida | Filed: May 25, 1954 | Docket: 612136

Cited 69 times | Published

whereupon this notice is given, in accordance with Section 83.20 (2) of Compiled General Laws of Florida." On

City of Miami Beach v. Fleetwood Hotel, Inc.

261 So. 2d 801, 1972 Fla. LEXIS 3816

Supreme Court of Florida | Filed: Apr 12, 1972 | Docket: 1707147

Cited 41 times | Published

from a tenant who refuses to give up possession. F.S. 83.20, F.S.A. provides that a tenant at will or sufferance

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

immediate forfeiture and termination has occurred. Section 83.20, Florida Statutes, then provides that any "tenant

Bramlett v. Peterson

307 F. Supp. 1311, 1969 U.S. Dist. LEXIS 8750

District Court, M.D. Florida | Filed: Dec 8, 1969 | Docket: 898293

Cited 24 times | Published

criminal proceedings under Florida Statutes, section 83.20 (1967), F.S.A., had been instituted against

Matter of Condominium Administrative Services, Inc.

55 B.R. 792, 1985 Bankr. LEXIS 5956

United States Bankruptcy Court, M.D. Florida | Filed: Jun 12, 1985 | Docket: 1636680

Cited 20 times | Published

payment. This notice, sent purportedly pursuant to § 83.20(2) of Fla.Stat., is a statutory prerequisite for

Harbour Bay Plaza Associates Ltd. v. Foxfire Inn of Stuart Florida (In Re Foxfire Inn of Stuart Florida)

30 B.R. 30, 1983 Bankr. LEXIS 6142

United States Bankruptcy Court, S.D. Florida. | Filed: May 25, 1983 | Docket: 1724254

Cited 13 times | Published

but also in compliance with the requirements of § 83.20, Florida Statutes. The rent then owed was $25,408

Wagner v. Rice

97 So. 2d 267

Supreme Court of Florida | Filed: Dec 4, 1957 | Docket: 387975

Cited 13 times | Published

notice to pay the rent or vacate the premises. Section 83.20, Florida Statutes, F.S.A. When appellee Rice

Moskos v. Hand

247 So. 2d 795

District Court of Appeal of Florida | Filed: May 14, 1971 | Docket: 1747691

Cited 12 times | Published

not receive the three days notice provided in Section 83.20(2), F.S. 1969, F.S.A., is without merit. Here

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

has instituted action for possession under Section 83.20, or other civil action in which the right of

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

landlord in writing of an intended absence. Section 83.20(2), Florida Statutes (1983) provides: Where

Walling Crate Co. v. Hickory Point Industries, Inc. (In Re Hickory Point Industries, Inc.)

83 B.R. 805, 1988 U.S. Dist. LEXIS 1687, 1988 WL 20344

District Court, M.D. Florida | Filed: Mar 3, 1988 | Docket: 1453313

Cited 6 times | Published

three-day notice provisions of Florida Statute § 83.20(2). Merits The lessor argues on appeal to this

Fontaine v. Fontaine Janitorial Supply & Service, Inc. (In Re Fontaine Janitorial Supply & Service, Inc.)

17 B.R. 322, 1982 Bankr. LEXIS 4924

United States Bankruptcy Court, M.D. Florida | Filed: Jan 29, 1982 | Docket: 1459731

Cited 6 times | Published

three day written notice as required by Fla.Stat. § 83.20(2) (Supp.1981); that they made a tender to purchase

Nevins Drug Co. v. Bunch

63 So. 2d 329, 1953 Fla. LEXIS 1104

Supreme Court of Florida | Filed: Feb 24, 1953 | Docket: 1375682

Cited 6 times | Published

under Chapter 83 F.S.A., and particularly, Section 83.20(2), which authorizes the statutory proceeding

Lincoln Oldsmobile, Inc. v. Branch

574 So. 2d 1111, 1990 WL 211466

District Court of Appeal of Florida | Filed: Dec 21, 1990 | Docket: 1436714

Cited 5 times | Published

1986), filed a tenant eviction proceeding under section 83.20, Florida Statutes (1985), in the County Court

Palm Corp. v. 183rd Street Theatre Corporation

344 So. 2d 252

District Court of Appeal of Florida | Filed: Feb 10, 1977 | Docket: 1517766

Cited 5 times | Published

waived the three day notice requirement under Section 83.20(2), Florida Statutes (1975). The tenant's complaint

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

possession—unless he files an action for possession under section 83.20, or other civil action—in every case in which

Bell v. Kornblatt

705 So. 2d 113, 1998 WL 17649

District Court of Appeal of Florida | Filed: Jan 21, 1998 | Docket: 1582242

Cited 4 times | Published

earlier version of a landlord tenant statute, section 83.20(2), Florida Statutes (1969), may be expressly

In Re GISC, Inc.

130 B.R. 346, 1991 Bankr. LEXIS 1175, 1991 WL 155976

United States Bankruptcy Court, M.D. Florida | Filed: Aug 1, 1991 | Docket: 1397024

Cited 4 times | Published

manager, delivered a Notice pursuant to Fla.Stat. § 83.20 to the Debtor notifying the Debtor that it was

Baldwin Sod Farms, Inc. v. Corrigan

746 So. 2d 1198, 1999 WL 1191513

District Court of Appeal of Florida | Filed: Dec 15, 1999 | Docket: 1714873

Cited 3 times | Published

attempted to serve a three-day notice letter under section 83.20, Florida Statutes, by hand delivery through

In Re 163rd Street Medical Corp.

47 B.R. 869, 1985 Bankr. LEXIS 6378

United States Bankruptcy Court, S.D. Florida. | Filed: Apr 4, 1985 | Docket: 1776384

Cited 3 times | Published

Section 11.1 of the Lease and Florida Statutes § 83.20. The Notice of Default for Non-Payment of Rent

E.M.R. Corp. v. Flynn (In Re E.M.R. Corp.)

40 B.R. 479

United States Bankruptcy Court, S.D. Florida. | Filed: Jul 6, 1984 | Docket: 1102362

Cited 3 times | Published

final judgment evicting the debtor under Fla.Stat. § 83.20. The defendants' position is that the debtor's

Boudreau v. M & H FOOD CORP.

895 So. 2d 501, 2005 WL 320665

District Court of Appeal of Florida | Filed: Feb 11, 2005 | Docket: 1255349

Cited 2 times | Published

establish a prima facie case for eviction. Section 83.20(2), Florida Statutes (2002), provides guidance

Kaplan v. McCabe

532 So. 2d 1354, 1988 WL 115235

District Court of Appeal of Florida | Filed: Nov 3, 1988 | Docket: 1510194

Cited 2 times | Published

a "NOTICE TO PAY RENT OR QUIT" pursuant to section 83.20(2), Florida Statutes (1985). The statutory requirements

Misha Enterprises v. GAR Enterprises, LLC

117 So. 3d 850, 2013 WL 3448802, 2013 Fla. App. LEXIS 10949

District Court of Appeal of Florida | Filed: Jul 10, 2013 | Docket: 60232820

Cited 1 times | Published

claim for possession be based upon unpaid rent. Section 83.20(3), Florida Statutes (2011), explicitly authorizes

3618 Lantana Road Partners, LLC v. Palm Beach Pain Management, Inc.

57 So. 3d 966, 2011 Fla. App. LEXIS 4353, 2011 WL 1135364

District Court of Appeal of Florida | Filed: Mar 30, 2011 | Docket: 60299220

Cited 1 times | Published

non-residential tenant is governed by section 83.20, Florida Statutes. Under section 83.20(2), appellant was required

In Re Studebaker's of Ft. Lauderdale Ltd.

73 B.R. 217, 1987 Bankr. LEXIS 669, 15 Bankr. Ct. Dec. (CRR) 1265

United States Bankruptcy Court, N.D. Florida | Filed: Jan 20, 1987 | Docket: 1846898

Cited 1 times | Published

premises as provided for under Florida Statutes § 83.20(2). An eviction action was subsequently commenced

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

possession—unless he files an action for possession under section 83.20, or other civil action—in every case in which

4350 NW 8 Terrace, LLC v. Commercial Laundries, Inc.

District Court of Appeal of Florida | Filed: May 14, 2025 | Docket: 70260671

Published

Laundries, Inc., as a holdover tenant, under section 83.20(1), Florida Statutes. The Landlord maintained

Buyer's Choice Auto Sales, LLC v. Palm Beach Motors, LLC

District Court of Appeal of Florida | Filed: Jul 17, 2024 | Docket: 68149054

Published

record that complies with section 83.201’s or section 83.20(3)’s requirements. Therefore, the trial

Edge Pilates Corporation v. Tribeca Aesthetic Medical Solutions, LLC, a Florida limited partnership

162 So. 3d 246, 2015 Fla. App. LEXIS 2615

District Court of Appeal of Florida | Filed: Feb 25, 2015 | Docket: 2636928

Published

eviction under section 83.20(2). We agree with all of these arguments. Section 83.20, Florida Statutes

Az 3, Inc. v. Tampa Westshore Assoc. Ltd.

869 So. 2d 42

District Court of Appeal of Florida | Filed: Mar 3, 2004 | Docket: 1653941

Published

the notice. This notice was sent pursuant to section 83.20(2), Florida Statutes (2000), the statutory three-day

Theodoropoulos v. Talbert

666 So. 2d 1056, 1996 Fla. App. LEXIS 634, 1996 WL 38853

District Court of Appeal of Florida | Filed: Feb 2, 1996 | Docket: 64761753

Published

given the proper three-day notice pursuant to section 83.20(2), Florida Statutes (1993). Additionally, the

Wenboy Ltd. Partnership v. Rockledge Bar-B-Q, Inc.

619 So. 2d 414, 1993 Fla. App. LEXIS 6076, 1993 WL 186543

District Court of Appeal of Florida | Filed: Jun 4, 1993 | Docket: 64696610

Published

it with the three-day notice required under section 83.-20(2), and that even had proper notice been given

Lakeway Management Co. of Florida v. Stolowilsky

527 So. 2d 950, 13 Fla. L. Weekly 1576, 1988 Fla. App. LEXIS 2792, 1988 WL 67780

District Court of Appeal of Florida | Filed: Jul 5, 1988 | Docket: 64635763

Published

lessor sent a three-day notice pursuant to Section 83.20(2), Florida Statutes (1985) did the tenant make

Clark v. Hiett

495 So. 2d 773, 11 Fla. L. Weekly 1961, 1986 Fla. App. LEXIS 9651

District Court of Appeal of Florida | Filed: Sep 10, 1986 | Docket: 64622189

Published

Clarks the three-day written notice required by section 83.20(2), Florida Statutes (1983). On appeal, the

In Re Christopher Michaels Ristorante, Inc.

9 B.R. 149, 1981 Bankr. LEXIS 4895

United States Bankruptcy Court, S.D. Florida. | Filed: Feb 13, 1981 | Docket: 1106179

Published

rent or the possession of the premises . . ." § 83.20, Florida Statutes. It has long been held in this

Avvenire College for Women Inc. v. G. B. D., Inc.

240 So. 2d 191, 1970 Fla. App. LEXIS 5569

District Court of Appeal of Florida | Filed: Oct 14, 1970 | Docket: 64516953

Published

The suit was filed under the provisions of Section 83.20, F.S.1969, F.S.A. The complaint alleged that

Lexington Arms, Inc. v. Henrich

153 So. 2d 31, 1963 Fla. App. LEXIS 3677

District Court of Appeal of Florida | Filed: May 10, 1963 | Docket: 60212123

Published

s seeking removal of the defendants, under section 83.20, F.S.A. The court sustained defendants’ motion