Florida Statute 83.20 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 83
LANDLORD AND TENANT

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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

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Amendments to 83.20

Arrestable Offenses / Crimes under Fla. Stat. 83.20

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 83.20.

Annotations, Discussions, Cases:

Cases Citing Statute 83.20

Total Results: 20

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

Court: District Court of Appeal of Florida | Date Filed: 2024-07-17

Snippet: landlord, in the manner prescribed by s. 83.20(3), with a written notice declaring the premises

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

Court: District Court of Appeal of Florida | Date Filed: 2020-12-02

Snippet: (a) In an action for possession under s. 83.20, or other civil action in which the issue

CSC SERVICEWORKS, INC. v. BOCA BAYOU CONDO ASSOC., etc., and COMMERCIAL LAUNDRIES INC.

Court: District Court of Appeal of Florida | Date Filed: 2018-03-07

Citation: 240 So. 3d 12

Snippet: removal of tennant proceedings under Sec. 83.20 et seq. Floro v. Parker, 205 So. 2d 363, 367 (Fla

Palm Beach Florida Hotel v. Nantucket Enterprises, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2016-12-07

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

Snippet: only: (a) In an action for possession under s. 83.20, or other civil action in which the issue of right

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

Court: District Court of Appeal of Florida | Date Filed: 2015-02-25

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

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

Misha Enterprises v. GAR Enterprises, LLC

Court: District Court of Appeal of Florida | Date Filed: 2013-07-10

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

Snippet: 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.

Court: District Court of Appeal of Florida | Date Filed: 2011-03-30

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

Snippet: tenant is governed by section 83.20, Florida Statutes. Under section 83.20(2), appellant was required to

Pro-Art Dental Lab, Inc. v. V-Strategic Group, LLC

Court: Supreme Court of Florida | Date Filed: 2008-07-10

Citation: 986 So. 2d 1244, 33 Fla. L. Weekly Supp. 503, 2008 Fla. LEXIS 1236, 2008 WL 2679160

Snippet: 021 (ejectment), 82.04-.05 (unlawful detainer), 83.20-.21(tenant removal or eviction), Fla. Stat. (2006);

Turner v. FLORIDA STATE FAIR AUTHORITY

Court: District Court of Appeal of Florida | Date Filed: 2008-01-25

Citation: 974 So. 2d 470, 2008 WL 199866

Snippet: legislative branch of government." Op. Att'y Gen. Fla. 83-20 (1983).

Ago

Court: Florida Attorney General Reports | Date Filed: 2007-11-07

Snippet: Gen. Fla. 91-34 (1991). 5 See Op. Att'y Gen. Fla. 83-20 (1983). 6 See Op. Att'y Gen. Fla. 74-308 (1974)

Boudreau v. M & H FOOD CORP.

Court: District Court of Appeal of Florida | Date Filed: 2005-02-11

Citation: 895 So. 2d 501, 2005 WL 320665

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

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

Court: District Court of Appeal of Florida | Date Filed: 2004-03-03

Citation: 869 So. 2d 42

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

Ago

Court: Florida Attorney General Reports | Date Filed: 2003-06-06

Snippet: quasi-public corporation.5 In Attorney General Opinion 83-20, this office considered the nature of the Florida

Ago

Court: Florida Attorney General Reports | Date Filed: 2002-05-24

Snippet: punishable as provided in s. 775.082 or s. 775.083."20 Thus, to commit a trespass, the offender must defy

Ago

Court: Florida Attorney General Reports | Date Filed: 2001-03-28

Snippet: 11 (Fla. 1971). 18 And see, Op. Att'y Gen. Fla. 83-20 (1983) in which this office stated that with the

Baldwin Sod Farms, Inc. v. Corrigan

Court: District Court of Appeal of Florida | Date Filed: 1999-12-15

Citation: 746 So. 2d 1198, 1999 WL 1191513

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

Ago

Court: Florida Attorney General Reports | Date Filed: 1998-03-31

Snippet: for public purposes). 12 Cf., Op. Att'y Gen. Fla. 83-20 (1983), concluding that the Florida State Fair Authority

Bell v. Kornblatt

Court: District Court of Appeal of Florida | Date Filed: 1998-01-21

Citation: 705 So. 2d 113, 1998 WL 17649

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

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Court: Florida Attorney General Reports | Date Filed: 1997-07-08

Snippet: 11 (Fla. 1971). 13 And see, Op. Att'y Gen. Fla. 83-20 (1983) in which this office stated that with the

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Court: Florida Attorney General Reports | Date Filed: 1996-09-24

Snippet: Fla. 91-34 (1991). 11 See, Op. Att'y Gen. Fla. 83-20 (1983). 12 See, Op. Att'y Gen. Fla. 74-308 (1974)