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Florida Statute 83.43 - Full Text and Legal Analysis
Florida Statute 83.43 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 83
LANDLORD AND TENANT
View Entire Chapter
F.S. 83.43
83.43 Definitions.As used in this part, the following words and terms shall have the following meanings unless some other meaning is plainly indicated:
(1) “Active duty” shall have the same meaning as provided in s. 250.01.
(2) “Advance rent” means moneys paid to the landlord to be applied to future rent payment periods, but does not include rent paid in advance for a current rent payment period.
(3) “Building, housing, and health codes” means any law, ordinance, or governmental regulation concerning health, safety, sanitation or fitness for habitation, or the construction, maintenance, operation, occupancy, use, or appearance, of any dwelling unit.
(4) “Deposit money” means any money held by the landlord on behalf of the tenant, including, but not limited to, damage deposits, security deposits, advance rent deposit, pet deposit, or any contractual deposit agreed to between landlord and tenant either in writing or orally.
(5) “Dwelling unit” means:
(a) A structure or part of a structure that is rented for use as a home, residence, or sleeping place by one person or by two or more persons who maintain a common household.
(b) A mobile home rented by a tenant.
(c) A structure or part of a structure that is furnished, with or without rent, as an incident of employment for use as a home, residence, or sleeping place by one or more persons.
(6) “Early termination fee” means any charge, fee, or forfeiture that is provided for in a written rental agreement and is assessed to a tenant when a tenant elects to terminate the rental agreement, as provided in the agreement, and vacates a dwelling unit before the end of the rental agreement. An early termination fee does not include:
(a) Unpaid rent and other accrued charges through the end of the month in which the landlord retakes possession of the dwelling unit.
(b) Charges for damages to the dwelling unit.
(c) Charges associated with a rental agreement settlement, release, buyout, or accord and satisfaction agreement.
(7) “Florida financial institution” means a bank, credit union, trust company, savings bank, or savings or thrift association doing business under the authority of a charter issued by the United States, this state, or any other state which is authorized to transact business in this state and whose deposits or share accounts are insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund.
(8) “Good faith” means honesty in fact in the conduct or transaction concerned.
(9) “Landlord” means the owner or lessor of a dwelling unit.
(10) “Legal holiday” means holidays observed by the clerk of the court.
(11) “Premises” means a dwelling unit and the structure of which it is a part and a mobile home lot and the appurtenant facilities and grounds, areas, facilities, and property held out for the use of tenants generally.
(12) “Rent” means the periodic payments due the landlord from the tenant for occupancy under a rental agreement and any other payments due the landlord from the tenant as may be designated as rent in a written rental agreement.
(13) “Rental agreement” means any written agreement, including amendments or addenda, or oral agreement for a duration of less than 1 year, providing for use and occupancy of premises.
(14) “Security deposits” means any moneys held by the landlord as security for the performance of the rental agreement, including, but not limited to, monetary damage to the landlord caused by the tenant’s breach of lease prior to the expiration thereof.
(15) “Servicemember” shall have the same meaning as provided in s. 250.01.
(16) “State active duty” shall have the same meaning as provided in s. 250.01.
(17) “Tenant” means any person entitled to occupy a dwelling unit under a rental agreement.
(18) “Transient occupancy” means occupancy when it is the intention of the parties that the occupancy will be temporary.
History.s. 2, ch. 73-330; s. 1, ch. 74-143; s. 1, ch. 81-190; s. 3, ch. 83-151; s. 17, ch. 94-170; s. 2, ch. 2003-72; s. 1, ch. 2008-131; s. 18, ch. 2023-8; s. 1, ch. 2024-199.

F.S. 83.43 on Google Scholar

F.S. 83.43 on CourtListener

Amendments to 83.43


Annotations, Discussions, Cases:

Cases Citing Statute 83.43

Total Results: 11

Paterson v. Deeb

472 So. 2d 1210, 10 Fla. L. Weekly 1417

District Court of Appeal of Florida | Filed: Jun 12, 1985 | Docket: 1793494

Cited 64 times | Published

disagree. The term "dwelling unit" is defined in section 83.43(2) to mean a structure or part of a structure

State v. De Anza Corp.

416 So. 2d 1173

District Court of Appeal of Florida | Filed: Jun 16, 1982 | Docket: 1224362

Cited 14 times | Published

Florida Statutes (1981), identically as in section 83.43(8), as "honesty in fact in the conduct or transaction

Toledo v. Escamilla

962 So. 2d 1028, 2007 WL 2254764

District Court of Appeal of Florida | Filed: Aug 8, 2007 | Docket: 480812

Cited 11 times | Published

precedent to applying this statutory remedy. Section 83.43(4), Florida Statutes (2004), defines "tenant"

Atlantis Estate Acquisitions, Inc. v. DePierro

125 So. 3d 889, 2013 WL 1748642, 2013 Fla. App. LEXIS 6544

District Court of Appeal of Florida | Filed: Apr 24, 2013 | Docket: 60236108

Cited 3 times | Published

payment was advance rent, within the meaning of section 83.43(9), which had not been segregated in an account

Mesnikoff v. Fq Backyard Trading, LLC

239 So. 3d 765

District Court of Appeal of Florida | Filed: Mar 7, 2018 | Docket: 6326605

Cited 1 times | Published

Backyard Trading is a “landlord” under the Act, § 83.43(3), Fla. Stat. (2016) (defining “landlord” as

Patricia Kay Sublett v. State of Florida

District Court of Appeal of Florida | Filed: Feb 19, 2025 | Docket: 69651627

Published

83.41, Fla. Stat. (2022). In pertinent part, section 83.43(2)(a) defines a “dwelling unit” as a “structure

CHRISTINA MARIE POWERS v. ROY GEORGE WHITCRAFT, III

District Court of Appeal of Florida | Filed: Jul 21, 2021 | Docket: 60073803

Published

as yes. Section 83.43(3) defines “landlord” as “the owner or lessor of a dwelling unit.” § 83.43(3), Fla

F.Y.E.S. HOLDINGS, INC. v. HOUSE GOLDEN RULE, LLC AND PAUL QUEVEDO

District Court of Appeal of Florida | Filed: May 19, 2021 | Docket: 59917980

Published

subject property in that case, pursuant to section 83.43(3), Florida Statutes (2019), because FYES’s

GINA NUGENT v. ANNE- LAURE MICHELIS

District Court of Appeal of Florida | Filed: Mar 10, 2021 | Docket: 59719244

Published

under Florida Statutes § 83.52 and § 83.55 with § 83.43 as controlling authority.” Plaintiff further asserted

Borjas v. Vergara

District Court of Appeal of Florida | Filed: Oct 18, 2017 | Docket: 6171793

Published

jurisdiction, that there was no rental agreement under section 83.43, Florida Statutes, and that she had an ownership

Ago

Florida Attorney General Reports | Filed: May 5, 1994 | Docket: 3256625

Published

1976). 7 Id. at 664. 8 Id. 9 Id. at 664-665. 10 Section 83.43(2), Fla. Stat. (1993), defines "[d]welling unit"