Florida Statutes
Fla. Stat. § 83.43 (2025)
Definitions.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 16
cases (6 in the last 5 years), 1981–2026 · leading case: Toledo v. Escamilla, 962 So. 2d 1028 (Fla. 3d DCA 2007).
Toledo v. Escamilla, 962 So. 2d 1028 (Fla. 3d DCA 2007). “Section 83.43(4), Florida Statutes (2004), defines "tenant" as "any person entitled to occupy a dwelling unit under a rental agreement.”
Paterson v. Deeb, 472 So. 2d 1210 (Fla. 1st DCA 1985). “The term "dwelling unit" is defined in section 83.43(2) to mean a structure or part of a structure that is rented for use as a residence, and is broad enough to include the bathroom and common areas.”
Atlantis Est. Acquisitions, Inc. v. DePierro, 125 So. 3d 889 (Fla. 4th DCA 2013). “See § 83.43(9), Fla. Stab Because it was not advance rent, the landlord did not have an obligation under section 83.”
State v. De Anza Corp., 416 So. 2d 1173 (Fla. 5th DCA 1982). “201(19), Florida Statutes (1981), identically as in section 83.43(8), as "honesty in fact in the conduct or transaction concerned.”
Mesnikoff v. Fq Backyard Trading, LLC, 239 So. 3d 765 (Fla. 3d DCA 2018). “See § 83.43(4), Florida Statutes (2016) (defining “tenant” as “any person entitled to occupy a dwelling unit under a rental agreement”); see also Toledo v.”
Christina Marie Powers v. Roy George Whitcraft, III (Fla. 4th DCA 2021). “” § 83.43(2)(a), Fla. Stat. (2018) (emphasis added).”
Hous. Auth. v. Smith, 27 Fla. Supp. 2d 30 (Fla. Volusia Cty. Ct. 1987). “However, Section 83.43(6) Florida Statutes defines rent as: “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…”
Patricia Kay Sublett v. State of Florida (Fla. 4th DCA 2025). “” § 83.43(2)(a), Fla. Stat. (2022). A dwelling unit may be rented by an oral agreement.”
Borjas v. Vergara (Fla. 3d DCA 2017). “Borjas asserted in her answer that the county court lacked subject matter jurisdiction, that there was no rental agreement under section 83.43, Florida Statutes, and that she had an ownership interest in the Apartment.”
Hoche v. Berry, 5 Fla. Supp. 2d 110 (Fla. Orange Cty. Ct. 1981). “The court determines that late charges, unless designated as rent in a written agreement, do not constitute rent under the definition of Florida Statutes Section 83.43(6), and since those charges do not constitute rent, their payment cannot properly be demanded in a 3-day notice…”
Wayne C. Rickert D/B/A Crystal Lake Vill. v. Karen Valencia & Unknown Party in Possession (Fla. 6th DCA 2026). “(2024); see § 83.43(5), Fla. Stat. (defining “dwelling unit” as a “structure or part of a structure” rented as a home or furnished by an employer, or a “mobile home.”
Gina Nugent v. Anne- Laure Michelis (Fla. 4th DCA 2021). “55 with § 83.43 as controlling authority.” Plaintiff further asserted that Defendant “is not entitled to seek a reduction in fees based on the fact that the Plaintiff was only successful in one (1) cause of action.”
— 83.43(2) — 1 case
Paterson v. Deeb, 472 So. 2d 1210 (Fla. 1st DCA 1985). “The term "dwelling unit" is defined in section 83.43(2) to mean a structure or part of a structure that is rented for use as a residence, and is broad enough to include the bathroom and common areas.”
— 83.43(2)(a) — 3 cases
Christina Marie Powers v. Roy George Whitcraft, III (Fla. 4th DCA 2021). “” § 83.43(2)(a), Fla. Stat. (2018) (emphasis added).”
Patricia Kay Sublett v. State of Florida (Fla. 4th DCA 2025). “” § 83.43(2)(a), Fla. Stat. (2022). A dwelling unit may be rented by an oral agreement.”
Rooney v. Camden Prop. Trust (S.D. Fla. 2024).
— 83.43(2)(c) — 1 case
Cunning v. Griffin, 3 Fla. Supp. 2d 127 (Fla. Lake Cty. Ct. 1983).
— 83.43(3) — 3 cases
Christina Marie Powers v. Roy George Whitcraft, III (Fla. 4th DCA 2021). “” § 83.43(2)(a), Fla. Stat. (2018) (emphasis added).”
F.Y.E.S. Holdings, Inc. v. House Golden Rule, LLC & Paul Quevedo (Fla. 3d DCA 2021).
Palawski v. Duley, 50 Fla. Supp. 2d 207 (Fla. Manatee Cty. Ct. 1991).
— 83.43(4) — 4 cases
Toledo v. Escamilla, 962 So. 2d 1028 (Fla. 3d DCA 2007). “Section 83.43(4), Florida Statutes (2004), defines "tenant" as "any person entitled to occupy a dwelling unit under a rental agreement.”
Mesnikoff v. Fq Backyard Trading, LLC, 239 So. 3d 765 (Fla. 3d DCA 2018). “See § 83.43(4), Florida Statutes (2016) (defining “tenant” as “any person entitled to occupy a dwelling unit under a rental agreement”); see also Toledo v.”
Borjas v. Vergara (Fla. 3d DCA 2017). “Borjas asserted in her answer that the county court lacked subject matter jurisdiction, that there was no rental agreement under section 83.43, Florida Statutes, and that she had an ownership interest in the Apartment.”
Christina Marie Powers v. Roy George Whitcraft, III (Fla. 4th DCA 2021). “” § 83.43(2)(a), Fla. Stat. (2018) (emphasis added).”
— 83.43(5) — 1 case
Wayne C. Rickert D/B/A Crystal Lake Vill. v. Karen Valencia & Unknown Party in Possession (Fla. 6th DCA 2026). “(2024); see § 83.43(5), Fla. Stat. (defining “dwelling unit” as a “structure or part of a structure” rented as a home or furnished by an employer, or a “mobile home.”
— 83.43(6) — 4 cases
Hous. Auth. v. Smith, 27 Fla. Supp. 2d 30 (Fla. Volusia Cty. Ct. 1987). “However, Section 83.43(6) Florida Statutes defines rent as: “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…”
Hoche v. Berry, 5 Fla. Supp. 2d 110 (Fla. Orange Cty. Ct. 1981). “The court determines that late charges, unless designated as rent in a written agreement, do not constitute rent under the definition of Florida Statutes Section 83.43(6), and since those charges do not constitute rent, their payment cannot properly be demanded in a 3-day notice…”
Christina Marie Powers v. Roy George Whitcraft, III (Fla. 4th DCA 2021). “” § 83.43(2)(a), Fla. Stat. (2018) (emphasis added).”
Palawski v. Duley, 50 Fla. Supp. 2d 207 (Fla. Manatee Cty. Ct. 1991).
— 83.43(7) — 4 cases
Toledo v. Escamilla, 962 So. 2d 1028 (Fla. 3d DCA 2007). “Section 83.43(4), Florida Statutes (2004), defines "tenant" as "any person entitled to occupy a dwelling unit under a rental agreement.”
Christina Marie Powers v. Roy George Whitcraft, III (Fla. 4th DCA 2021). “” § 83.43(2)(a), Fla. Stat. (2018) (emphasis added).”
Patricia Kay Sublett v. State of Florida (Fla. 4th DCA 2025). “” § 83.43(2)(a), Fla. Stat. (2022). A dwelling unit may be rented by an oral agreement.”
Borjas v. Vergara (Fla. 3d DCA 2017). “Borjas asserted in her answer that the county court lacked subject matter jurisdiction, that there was no rental agreement under section 83.43, Florida Statutes, and that she had an ownership interest in the Apartment.”
— 83.43(8) — 1 case
State v. De Anza Corp., 416 So. 2d 1173 (Fla. 5th DCA 1982). “201(19), Florida Statutes (1981), identically as in section 83.43(8), as "honesty in fact in the conduct or transaction concerned.”
— 83.43(9) — 1 case
Atlantis Est. Acquisitions, Inc. v. DePierro, 125 So. 3d 889 (Fla. 4th DCA 2013). “See § 83.43(9), Fla. Stab Because it was not advance rent, the landlord did not have an obligation under section 83.”
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