83.20
Causes for removal of tenants.
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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.
Notes of Decisions
Cited in 48
cases (4 in the last 5 years), 1953–2025 · leading case: Executive Square Office Building v. O'Connor & Associates, Inc.
Executive Square Office Building v. O'Connor & Associates, Inc. (1981)
“Section 83.20, Florida Statutes, then provides that any “tenant at sufferance” may be removed from the premises in the manner provided by further statutory sections specifying various judicial eviction proceedings: “(1) Where such persons shall hold over and continue in the…”
Matter of Condominium Administrative Services, Inc. (1985)
“” Thereafter, a three day notice dated August 17, 1984 demanded a payment within three days or possession of the premises and was given pursuant to Fla.Stat. 83.20[2]. This Statute provides that before a person who holds over after the expiration of his time without permission…”
3618 Lantana Road Partners, LLC v. Palm Beach Pain Management, Inc. (2011)
“Eviction of a non-residential tenant is governed by section 83.20, Florida Statutes. Under section 83.”
Herrell v. SEYFARTH, SHAW (1986)
“05, Florida Statutes, eliminating the landlord's self-help right to eviction, and authorizing the landlord to recover possession of nonresidential rental property under the following conditions: (1) if the landlord has instituted action for possession under Section 83.20, or…”
Walling Crate Co. v. Hickory Point Industries, Inc. (In Re Hickory Point Industries, Inc.) (1988)
“The Bankruptcy Court based its decision on Florida Statute § 83.20 which provides as follows: 83.20.”
Fontaine v. Fontaine Janitorial Supply & Service, Inc. (In Re Fontaine Janitorial Supply & Service, Inc.) (1982)
“In defense, the Debtor contends that the Plaintiffs are not entitled to any order of eviction because they failed to give a three day written notice as required by Fla.Stat. § 83.20(2) (Supp.1981); that they made a tender to purchase by offering to exercise the offer prior to…”
Palm Beach Florida Hotel v. Nantucket Enterprises, Inc. (2016)
“05 is to abrogate the landlord’s right to obtain possession—unless he files an action for possession under section 83.20, or other civil action—in every case in which the tenant remains on the premises after having been given the notice provided in section 83.”
Boudreau v. M & H FOOD CORP. (2005)
“Section 83.20(2), Florida Statutes (2002), provides guidance.”
Palm Corp. v. 183rd Street Theatre Corporation (1977)
“The lease agreement between the parties allegedly waived the three day notice requirement under Section 83.20(2), Florida Statutes (1975).”
Bell v. Kornblatt (1998)
“This court has previously held that a three-day notice under an earlier version of a landlord tenant statute, section 83.20(2), Florida Statutes (1969), may be expressly waived in a lease.”
Clark v. Hiett (1986)
“The county court subsequently entered judgment for the Clarks because the Hietts had not served on the Clarks the three-day written notice required by section 83.20(2), Florida Statutes (1983).”
Wagner v. Rice (1957)
“Section 83.20, Florida Statutes, F.S.A. When appellee Rice declined to pay the annual guarantee or to vacate the premises, the appellants instituted a proceeding in the county court to recover possession of the premises because of the alleged rent default of the appellee.”
— 83.20(1) — 2 cases
Sun Cleaners v. Dennis (1983)
— 83.20(2) — 24 cases
Matter of Condominium Administrative Services, Inc. (1985)
“” Thereafter, a three day notice dated August 17, 1984 demanded a payment within three days or possession of the premises and was given pursuant to Fla.Stat. 83.20[2]. This Statute provides that before a person who holds over after the expiration of his time without permission…”
Fontaine v. Fontaine Janitorial Supply & Service, Inc. (In Re Fontaine Janitorial Supply & Service, Inc.) (1982)
“In defense, the Debtor contends that the Plaintiffs are not entitled to any order of eviction because they failed to give a three day written notice as required by Fla.Stat. § 83.20(2) (Supp.1981); that they made a tender to purchase by offering to exercise the offer prior to…”
Boudreau v. M & H FOOD CORP. (2005)
“Section 83.20(2), Florida Statutes (2002), provides guidance.”
3618 Lantana Road Partners, LLC v. Palm Beach Pain Management, Inc. (2011)
“Eviction of a non-residential tenant is governed by section 83.20, Florida Statutes. Under section 83.”
Herrell v. SEYFARTH, SHAW (1986)
“05, Florida Statutes, eliminating the landlord's self-help right to eviction, and authorizing the landlord to recover possession of nonresidential rental property under the following conditions: (1) if the landlord has instituted action for possession under Section 83.20, or…”
— 83.20(3) — 4 cases
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