Florida Statute 83.43 | Lawyer Caselaw & Research

The 2024 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.

(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: Fla. Dist. Ct. App. | Date Filed: 2021-07-21T00:53:00-07:00

Snippet: yes. Section 83.43(3) defines “landlord” as “the owner or lessor of a dwelling unit.” § 83.43(3), Fla. Stat… Stat. (2018) (emphasis added). Section 83.43(2)(a) defines a “dwelling unit” as “[a] structure or part…more persons who maintain a common household.” § 83.43(2)(a), Fla. Stat. (2018) (emphasis added). Thus,… alleged tenant was a “rental agreement.” See § 83.43(7), Fla. Stat. (2018) (“‘Rental agreement’ means…alleged landlord, was, in fact, a “tenant.” See § 83.43(4), Fla. Stat. (2018) (‘“Tenant’ means any person

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

Court: Fla. Dist. Ct. App. | Date Filed: 2021-05-19T00:53:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2021-03-09T23:53:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 2018-03-06T23:53:00-08:00

Snippet: Backyard Trading is a “landlord” under the Act, § 83.43(3), Fla. Stat. (2016) (defining “landlord” as “the…Act because there was no rental agreement. See § 83.43(4), Florida Statutes (2016) (defining “tenant”

Borjas v. Vergara

Court: Fla. Dist. Ct. App. | Date Filed: 2017-10-18T00:53:00-07:00

Snippet: that there was no rental agreement under section 83.43, Florida Statutes, and that she had an ownership…So. 2d 1028, 1029 (Fla. 3d DCA 2007).2 “Section 83.43(4), Florida Statutes (2004), defines ‘tenant’ as… 3 agreement.’” Id. at 1030. “Moreover, section 83.43(7) defines ‘rental agreement’ as ‘any written agreement

Wolf v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-07-03T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2013-04-24T00:00:00-07:00

Citation: 125 So. 3d 889

Snippet: was advance rent, within the meaning of section 83.43(9), which had not been segregated in an account,…the meaning of the Landlord and Tenant Act. See § 83.43(9), Fla. Stab Because it was not advance rent, the

Toledo v. Escamilla

Court: Fla. Dist. Ct. App. | Date Filed: 2007-08-08T00:00:00-07:00

Citation: 962 So. 2d 1028

Snippet: as required by Florida Statutes §§ 83.41, 83.43(6) & 83.43(7) (2004). . . . As a result, although the…precedent to applying this statutory remedy. Section 83.43(4), Florida Statutes (2004), defines "tenant…under a rental agreement." Moreover, section 83.43(7) defines "rental agreement" as "…quot;rental agreement" as defined in section 83.43(7), as the oral agreement, if any, between Ms. Toledo

Ago

Court: Fla. Att'y Gen. | Date Filed: 1994-05-05T00:53:00-07:00

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

Ago

Court: Fla. Att'y Gen. | Date Filed: 1992-09-09T00:53:00-07:00

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

United Telephone Co. v. Public Service Com'n

Court: Fla. | Date Filed: 1986-07-17T00:53:00-07:00

Citation: 496 So. 2d 116

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: Fla. Dist. Ct. App. | Date Filed: 1985-06-12T00:53:00-07:00

Citation: 472 So. 2d 1210

Snippet: "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: Fla. Dist. Ct. App. | Date Filed: 1983-11-15T00:00:00-08:00

Citation: 441 So. 2d 169

Snippet: , 195 So.2d 230 (Fla. 3d DCA 1967). No. 83-43 District Court of Appeal of Florida fladistctapp

Hager v. Illes

Court: Fla. Dist. Ct. App. | Date Filed: 1983-05-11T00:00:00-07:00

Citation: 431 So. 2d 1037

Snippet: LETTS, C.J., and ANSTEAD, J., concur. No. 83-43 District Court of Appeal of Florida fladistctapp

Ago

Court: Fla. Att'y Gen. | Date Filed: 1982-06-18T00:53:00-07:00

Snippet: Laws of Florida; and of Subsection (2)(c) of s 83.43, F.S., which read: 83.41 Application. &… applies to the rental of a dwelling unit. 83.43 Definitions. — As used in this part, the…following, it is my opinion that Subsection (2)(c) of s 83.43, F.S. (which was created by s 2 of Ch. 73-330, Laws… II]: ss 83.40(83.750), 83.41 and83.42(83.751), 83.43(83.752), 83.44(83.753), 83.45(83.754),83.47(83.755

State v. De Anza Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 1982-06-16T00:53:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 1980-09-24T00:53:00-07:00

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