Florida Statute 83.201 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 83
LANDLORD AND TENANT

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F.S. 83.201

83.201 Notice to landlord of failure to maintain or repair, rendering premises wholly untenantable; right to withhold rent.—When the lease is silent on the procedure to be followed to effect repair or maintenance and the payment of rent relating thereto, yet affirmatively and expressly places the obligation for same upon the landlord, and the landlord has failed or refused to do so, rendering the leased premises wholly untenantable, the tenant may withhold rent after notice to the landlord. The tenant shall serve the landlord, in the manner prescribed by s. 83.20(3), with a written notice declaring the premises to be wholly untenantable, giving the landlord at least 20 days to make the specifically described repair or maintenance, and stating that the tenant will withhold the rent for the next rental period and thereafter until the repair or maintenance has been performed. The lease may provide for a longer period of time for repair or maintenance. Once the landlord has completed the repair or maintenance, the tenant shall pay the landlord the amounts of rent withheld. If the landlord does not complete the repair or maintenance in the allotted time, the parties may extend the time by written agreement or the tenant may abandon the premises, retain the amounts of rent withheld, terminate the lease, and avoid any liability for future rent or charges under the lease. This section is cumulative to other existing remedies, and this section does not prevent any tenant from exercising his or her other remedies.

History.—s. 2, ch. 93-70; s. 438, ch. 95-147.

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Amendments to 83.201

Arrestable Offenses / Crimes under Fla. Stat. 83.201

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 83.201.

Annotations, Discussions, Cases:

Cases Citing Statute 83.201

Total Results: 9

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

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

Snippet: leased premises wholly untenantable under section 83.201, Florida Statutes (2020)—the rent withholding statute—and

Legakis v. Loumpos

Court: District Court of Appeal of Florida | Date Filed: 2010-07-23

Citation: 40 So. 3d 901, 2010 Fla. App. LEXIS 10782, 2010 WL 2867895

Snippet: between such lessee and her or his lessor"); § 83.201, Fla. Stat. (2008) (providing that commercial tenant's

Vance Realty Group, Inc. v. Park Place at Metrowest, Phases Six & Seven, Ltd.

Court: District Court of Appeal of Florida | Date Filed: 2005-08-26

Citation: 909 So. 2d 516, 2005 Fla. App. LEXIS 13396, 2005 WL 2043013

Snippet: satisfy the statutory prerequisites of section 83.201, Florida Statutes (2004),2 to negate the duty of

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: the Tenant withheld the rent pursuant to section 83.201, Florida Statutes (2001), to make necessary repairs

State, Department of Corrections v. Brooks

Court: District Court of Appeal of Florida | Date Filed: 2004-08-04

Citation: 891 So. 2d 1, 2004 Fla. App. LEXIS 11416, 2004 WL 1736993

Snippet: end of the 20-day cure period provided by section 83.201, Florida Statutes (1995). On this limited remand

Alexander v. A.B. Anks, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2003-02-07

Citation: 840 So. 2d 305, 2003 Fla. App. LEXIS 1276, 2003 WL 255379

Snippet: to meet the 20 day notice requirement of section 83.201, Fla. Stat. (2000), before terminating the lease

Cruise.com, Inc. v. Eller Drive Properties, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2002-04-10

Citation: 813 So. 2d 254, 2002 Fla. App. LEXIS 4630, 2002 WL 530567

Snippet: entitled to withhold the rent pursuant to section 83.201, Florida Statutes (2000), which permits rent to

Ryan v. State

Court: District Court of Appeal of Florida | Date Filed: 1984-09-19

Citation: 457 So. 2d 1084

Snippet: Appellant, v. STATE of Florida, Appellee. No. 83-201. District Court of Appeal of Florida, Fourth District

Lowe v. State

Court: District Court of Appeal of Florida | Date Filed: 1983-10-19

Citation: 438 So. 2d 1072, 1983 Fla. App. LEXIS 22682

Snippet: time (Cir.Ct. case no. 81-121; App.Ct. case no. 83-201). On the same date the appellant was also indicted