Florida Statute 83.43 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 83
LANDLORD AND TENANT

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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.

(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 Casetext

Amendments to 83.43

Arrestable Offenses / Crimes under Fla. Stat. 83.43

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 83.43.

Annotations, Discussions, Cases:

Cases Citing Statute 83.43

Total Results: 17

CHRISTINA MARIE POWERS v. ROY GEORGE WHITCRAFT, III

Court: District Court of Appeal of Florida | Date Filed: 2021-07-21

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

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

Court: District Court of Appeal of Florida | Date Filed: 2021-05-19

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

GINA NUGENT v. ANNE- LAURE MICHELIS

Court: District Court of Appeal of Florida | Date Filed: 2021-03-10

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

Mesnikoff v. Fq Backyard Trading, LLC

Court: District Court of Appeal of Florida | Date Filed: 2018-03-07

Citation: 239 So. 3d 765

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

Borjas v. Vergara

Court: District Court of Appeal of Florida | Date Filed: 2017-10-18

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

Wolf v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-07-03

Citation: 117 So. 3d 1203, 2013 WL 3335031, 2013 Fla. App. LEXIS 10707

Snippet: portions” of sections 83.46, 83.56, 83.57, and 83.43, Florida Statutes, which are part of the Florida

Atlantis Estate Acquisitions, Inc. v. DePierro

Court: District Court of Appeal of Florida | Date Filed: 2013-04-24

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

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

Toledo v. Escamilla

Court: District Court of Appeal of Florida | Date Filed: 2007-08-08

Citation: 962 So. 2d 1028, 2007 WL 2254764

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

Ago

Court: Florida Attorney General Reports | Date Filed: 1994-05-05

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

Ago

Court: Florida Attorney General Reports | Date Filed: 1992-09-09

Snippet: Government in the Sunshine Law. 6 See, e.g., AGO 83-43 (municipal board of adjustment, acting in quasi-judicial

United Telephone Co. v. Public Service Com'n

Court: Supreme Court of Florida | Date Filed: 1986-07-17

Citation: 496 So. 2d 116, 11 Fla. L. Weekly 330, 1986 Fla. LEXIS 2401, 1986 WL 1167065

Snippet: clause of the United States Constitution. Id. at 382-83, 43 S.Ct. at 388. See also Sierra Pacific, 462 U.S

Paterson v. Deeb

Court: District Court of Appeal of Florida | Date Filed: 1985-06-12

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

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

Public Insurance Consultant, Inc. v. Peninsular Fire Insurance Co.

Court: District Court of Appeal of Florida | Date Filed: 1983-11-15

Citation: 441 So. 2d 169, 1983 Fla. App. LEXIS 24236

Snippet: PER CURIAM. Affirmed. See Martin v. Johnson, 54 Fla. 487, 44 So. 949 (1907); Pinon v. International Harvester Co., 390 So.2d 154 (Fla. 3d DCA 1980); Aerovias Panama, S.A. v. Air Carrier Engine Service, Inc., 195 So.2d 230 (Fla. 3d DCA 1967).

Hager v. Illes

Court: District Court of Appeal of Florida | Date Filed: 1983-05-11

Citation: 431 So. 2d 1037, 1983 Fla. App. LEXIS 19895

Snippet: DELL, Judge. Euphrosyne Hager seeks review of a circuit court order quashing service of process in a county court eviction action against Andrew and Glenda liles. At the expiration of a two year written lease, appellant filed her complaint to evict appellees after they refused to vacate the residential premises at 2760 Southeast 13th Court in Pompano Beach. A deputy sheriff served process by posting the premises pursuant to Section 48.183, Florida Statutes (1981). Appellees answered and raised as

Ago

Court: Florida Attorney General Reports | Date Filed: 1982-06-18

Snippet: Laws of Florida; and of Subsection (2)(c) of s 83.43, F.S., which read: 83.41 Application. — This

State v. De Anza Corp.

Court: District Court of Appeal of Florida | Date Filed: 1982-06-16

Citation: 416 So. 2d 1173

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

Solomon v. Gentry

Court: District Court of Appeal of Florida | Date Filed: 1980-09-24

Citation: 388 So. 2d 52

Snippet: Residential Landlord and Tenant Act, Section 83.42(3) and 83.43(2)(b), Florida Statutes (1979). If this were the