Florida Statutes
Fla. Stat. § 83.231 (2025)
Removal of tenant; judgment.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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83.231 Removal of tenant; judgment.—If the issues are found for plaintiff, judgment shall be entered that plaintiff recover possession of the premises. If the plaintiff expressly and specifically sought money damages in the complaint, in addition to awarding possession of the premises to the plaintiff, the court shall also direct, in an amount which is within its jurisdictional limitations, the entry of a money judgment in favor of the plaintiff and against the defendant for the amount of money found due, owing, and unpaid by the defendant, with costs. However, no money judgment shall be entered unless service of process has been effected by personal service or, where authorized by law, by certified or registered mail, return receipt, or in any other manner prescribed by law or the rules of the court, and no money judgment may be entered except in compliance with the Florida Rules of Civil Procedure. Where otherwise authorized by law, the plaintiff in the judgment for possession and money damages may also be awarded attorney’s fees and costs. If the issues are found for defendant, judgment shall be entered dismissing the action.
History.—s. 8, ch. 6463, 1913; RGS 3549; CGL 5413; s. 34, ch. 67-254; s. 1, ch. 87-195; s. 4, ch. 93-70; s. 441, ch. 95-147.
Note.—Former s. 83.34.
Notes of Decisions
Cited in 7
cases (1 in the last 5 years), 1993–2023 · leading case: Pro-Art Dental Lab, Inc. v. V-Strategic Grp., LLC, 986 So. 2d 1244 (Fla. 2008).
Pro-Art Dental Lab, Inc. v. V-Strategic Grp., LLC, 986 So. 2d 1244 (Fla. 2008). “For example, even assuming that V-Strategic had originally intended to plead a tenant-removal action under chapter 83, Florida Statutes, it would have been required to plead separate counts for possession and damages, and the damages count would have been subject to the general…”
BYTE INTERN. v. Maurice Gusman Trust, 629 So. 2d 191 (Fla. 3d DCA 1993). “Byte International Corporation (Byte) appeals an award of attorney's fees and costs to the Maurice Gusman Residuary Trust in an action by the Gusman Trust, acting as landlord, to recover possession against the tenant Byte pursuant to section 83.231, Florida Statutes (1991).…”
Florida Dep't of Health & Rehabilitative Servs. v. Morse, 708 So. 2d 640 (Fla. 3d DCA 1998). “Morse argues that the 1995 version of section 83.231, Florida Statutes, authorizes the award and that the amount is neither excessive nor unreasonable and is supported by expert testimony.”
Premici v. United Growth Props., 648 So. 2d 1241 (Fla. 5th DCA 1995). “NOTES [1] Section 83.231 provides: 83.231 Removal of tenant; judgment.”
Destiny Fulfilled Outreach Ministries, Inc. d/b/a Little Walker's at the Early Learning Ctr. v. Investments Swk, LLC (Fla. 4th DCA 2023). “§ 83.231, Fla. Stat. (2022) (emphasis added).”
Wenboy Ltd. P'ship v. Rockledge Bar-B-Q, Inc., 619 So. 2d 414 (Fla. 5th DCA 1993). “Section 83.231, Removal of tenant; judgment: If the issues are found for plaintiff, judgment shall be entered that he recover possession of the premises.”
Walgreen Co. v. Catlin, 650 So. 2d 94 (Fla. 3d DCA 1995). “It then granted unconditionally a motion for attorney’s fees which the landlord had filed, citing section 83.231, Florida Statutes (1993). It may have been the intention of the appellate court to have granted the motion and remand to the county court for determination in the…”
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