Florida/Georgia Personal Injury & Workers Compensation

...See Hoffman v. Jones, 280 So.2d 431, 434 (Fla. 1973); Shands Teaching Hospital and Clinics, Inc. v. Smith, 480 So.2d 1366 (Fla. 1st DCA 1985). 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 possession of a dwelling....

...Mr. Colon was a tenant in the residence leased from the Laras, appellees. We affirm. Appellant contends that issues of fact remained to be decided concerning the landlords' obligation to comply with the Florida Residential Landlord and Tenant Act. § 83.40, Fla....

...The plaintiffs' suggestion that the Act "implies" certain rights and correlative duties does not carry the day. Cf. Paterson v. Deeb, 472 So.2d 1210, 1216 & n. 5 (Fla. 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)....

...The City is therefore permitted to exercise its power on that subject unless otherwise precluded. Id. at 1069 "The Court is likewise unpersuaded by the Plaintiffs' argument that the ordinance conflicts with certain provisions of the Florida Residential Landlord and Tenant Act. § 83.40, et seq., Fla....

...iances for heating, lighting, and power, the landlord is not liable for an injury to the property or person of the tenant or those on the premises . . ."). But in 1973, the Florida legislature enacted the Florida Residential Landlord and Tenant Act (section 83.40 et seq.), which includes section 83.51....

...e, according to the trial court, “[a]ny prepayment of rent to [the former owner] d[id] not extinguish Credo’s right to 2 Chapter 83, Part II, Florida Statutes, is known as the Florida Residential Landlord and Tenant Act (the “Act”). See § 83.40, Fla....

...1st DCA 2005). Part II of Chapter 83, Florida Statutes (2024), governs residential leases. It expressly regulates security deposits, including notice requirements, deadlines for return, and interest in certain circumstances. 3 See §§ 83.40–83.71, Fla....

...lleged in the initial complaint, attaching the proposed fourth amended complaint. The proposed fourth amended complaint was filed only against the Abads and alleged the following counts: Count I—breach of contract; Count II— violation of section 83.40 et seq., Florida Statutes (Florida Residential Landlord and Tenant Act); Count III—gross negligence; Count IV— 1 This Court has jurisdiction....

...Doman purchased the condominium unit in Naples, Florida, for approximately $179,000. On October 15, 1985, they entered into an unusual lease agreement with Mr. Bartlett. 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....

...Such -3-  power may be exercised by either the owner of such rented unit or the [A]ssociation and when so exercised shall be done so in accordance with those provisions as set forth in Section 83.40, et....

...This does not, however, end our analysis. 6  The Family Trust persuasively argues that a lease cannot abridge the rights afforded under the Florida Residential Landlord and Tenant Act (the “Act”). See § 83.40 et seq., Fla....