Florida Statutes
Fla. Stat. § 83.40 (2025)
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83.40 Short title.—This part shall be known as the “Florida Residential Landlord and Tenant Act.”
Notes of Decisions
Cited in 27
cases (3 in the last 5 years), 1977–2026 · leading case: Langbehn v. Pub. Health Trust of Miami-dade, 661 F. Supp. 2d 1326 (S.D. Fla. 2009).
Langbehn v. Pub. Health Trust of Miami-dade, 661 F. Supp. 2d 1326 (S.D. Fla. 2009). “1st DCA 1985) (although it imposed numerous obligations on landlords, the Florida Residential Landlord & Tenant Act, Fla. Stat. § 83.40 et seq., was not the sort of legislative enactment that would support a negligence per se claim).”
Colon v. Lara, 389 So. 2d 1070 (Fla. 3d DCA 1980). “§ 83.40, Fla. Stat. (1975). He contends that the landlords violated their duty to warn of latent defects in the construction of the shower door.”
Crawford v. Yotty, 828 N.W.2d 295 (Iowa 2013). “§§ 47a-l to -20a; Fla. Stat. Ann. §§ 83.40 -.67; Haw.Rev.Stat.”
Rodeway Inns of Am. v. Alpaugh, 390 So. 2d 370 (Fla. 2d DCA 1980). “Although the Florida Residential Landlord & Tenant Act (§§ 83.40 et seq., Fla. Stat.) permits courts to override the terms and conditions of residential leases if they are deemed inequitable, there is no such control over business leases.”
Smith v. Grove Apts., LLC, 976 So. 2d 582 (Fla. 3d DCA 2007). “But in 1973, the Florida legislature enacted the Florida Residential Landlord and Tenant Act (section 83.40 et seq.), which includes section 83.”
Wilson v. Terwillinger, 140 So. 3d 1122 (Fla. 5th DCA 2014). “§§ 83.40-682, Fla. Stat. (2012). . See also City of Miami Beach v.”
Musi v. Credo, 273 So. 3d 93 (Fla. 3d DCA 2019). “The trial court’s conclusion was primarily based on Musi’s “failure to execute or record the lease until after Credo’s interest attached to the property”; therefore, according to the trial court, “[a]ny prepayment of rent to [the former owner] d[id] not extinguish Credo’s right…”
Herrell v. Seyfarth, Shaw, 491 So. 2d 1173 (Fla. 1st DCA 1986). “As to residential tenants, the Florida Residential Landlord and Tenant Act (Chapter 73-330, Laws of Florida, creating Section 83.40, et seq., Florida Statutes) explicitly authorizes such tenants to raise all legal and equitable defenses to actions brought by a landlord for…”
Minalla v. Equinamics Corp., 954 So. 2d 645 (Fla. 3d DCA 2007). “§§ 83.40-83.682, Fla. Stat. (2005). [1] Because there is a substantial, unresolved question in this case concerning whether Equinamics is an owner or landlord entitled to invoke the benefit of the statute, we reverse the order requiring payment of rent by Minalla.”
Olen Props. Corp. v. Moss, 984 So. 2d 558 (Fla. 4th DCA 2008). “§§ 83.40-83.682, Fla. Stat. (2007). The Act is a part of a broader movement over the last 75 years to codify the common law.”
Gross v. Bartlett, 547 So. 2d 661 (Fla. 2d DCA 1989). “Although the condominium unit is clearly a dwelling unit governed by the Florida Residential Landlord and Tenant Act, section 83.40 et seq., Florida Statutes (1985), Mr.”
Bennett M. Lifter v. METRO. DADE CTY., 482 So. 2d 479 (Fla. 3d DCA 1986). “§ 83.40, et seq., Fla. Stat. The ordinance in question is solely and exclusively a zoning regulation governing the relationship between Dade County and the users of property.”
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