The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 83
LANDLORD AND TENANT

View Entire Chapter

F.S. 83.231

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.

F.S. 83.231 on Google Scholar

F.S. 83.231 on Casetext

Amendments to 83.231

Arrestable Offenses / Crimes under Fla. Stat. 83.231

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 83.231.

Annotations, Discussions, Cases:

Cases from cite.case.law:

PRO- ART DENTAL LAB, INC. v. V- STRATEGIC GROUP, LLC,, 986 So. 2d 1244 (Fla. 2008)

. . . See § 83.231, Fla. . . .

FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. S. MORSE, M. D., 708 So. 2d 640 (Fla. Dist. Ct. App. 1998)

. . . Morse argues that the 1995 version of section 83.231, Florida Statutes, authorizes the award and that . . . We conclude that section 83.231, Florida Statutes (1995) is not applicable here, thus there can be no . . . Section 83.231, Florida Statutes (1995), which relates to actions by landlords against their tenants . . . recovery of possession of leased premises, or for recovery of possession and money damages, section 83.231 . . . In construing an earlier (1991) version of section 83.231, we determined, based on the intent of the . . .

WALGREEN CO. a v. H. CATLIN, Jr., 650 So. 2d 94 (Fla. Dist. Ct. App. 1995)

. . . then granted unconditionally a motion for attorney’s fees which the landlord had filed, citing section 83.231 . . .

PREMICI d b a v. UNITED GROWTH PROPERTIES, L. P., 648 So. 2d 1241 (Fla. Dist. Ct. App. 1995)

. . . Section 83.231 provides: 83.231 Removal of tenant; judgment. — If the issues are found for plaintiff, . . .

BYTE INTERNATIONAL CORPORATION, v. MAURICE GUSMAN RESIDUARY TRUST NUMBER, 629 So. 2d 191 (Fla. Dist. Ct. App. 1993)

. . . Gusman Trust, acting as landlord, to recover possession against the tenant Byte pursuant to section 83.231 . . . Section 83.231 provides in part: If the issues are found for plaintiff, judgment shall be entered that . . . The debate before the Florida House of Representatives on the final passage of section 83.231, Florida . . . this construction: Representative Renke: Under Section 1 on page 2 of the bill, the Florida Statute 83.231 . . .

WENBOY LIMITED PARTNERSHIP, v. ROCKLEDGE BAR- B- Q, INC. a L. s B- Q, a, 619 So. 2d 414 (Fla. Dist. Ct. App. 1993)

. . . Section 83.231, Removal of tenant; judgment: If the issues are found for plaintiff, judgment shall be . . .

BAUZA CORPORATION, v. MASTER S LANDSCAPE, INC. MASTER S LANDSCAPE, INC. v. BAUZA CORPORATION,, 46 Fla. Supp. 2d 25 (Fla. Cir. Ct. 1991)

. . . We agree that the Landlord could accept the rent that was due to the date of the judgment. 83.231 F.S . . .