Florida Statute 83.45 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 83
LANDLORD AND TENANT

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F.S. 83.45

83.45 Unconscionable rental agreement or provision.—

(1) If the court as a matter of law finds a rental agreement or any provision of a rental agreement to have been unconscionable at the time it was made, the court may refuse to enforce the rental agreement, enforce the remainder of the rental agreement without the unconscionable provision, or so limit the application of any unconscionable provision as to avoid any unconscionable result.

(2) When it is claimed or appears to the court that the rental agreement or any provision thereof may be unconscionable, the parties shall be afforded a reasonable opportunity to present evidence as to meaning, relationship of the parties, purpose, and effect to aid the court in making the determination.

History.—s. 2, ch. 73-330.

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Amendments to 83.45

Annotations, Discussions, Cases:

Cases Citing Statute 83.45

Total Results: 1

Lockamy v. Byrne

474 So. 2d 372, 10 Fla. L. Weekly 1960, 1985 Fla. App. LEXIS 15494

District Court of Appeal of Florida | Filed: Aug 13, 1985 | Docket: 64613705

Published

before us should not be enforced by the courts. Section 83.45(1) provides: If the court as a matter of law