Florida Statutes
Fla. Stat. § 83.45 (2025)
Unconscionable rental agreement or provision.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 3
cases, 1985–2020 · leading case: Lockamy v. Byrne, 474 So. 2d 372 (Fla. 5th DCA 1985).
Lockamy v. Byrne, 474 So. 2d 372 (Fla. 5th DCA 1985). “Section 83.45(1) provides: 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…”
Alonso Cano v. 245 C&C, LLC (S.D. Fla. 2020). “Having reviewed the applicable filings and law, it is ORDERED AND ADJUDGED that the plaintiffs’ Combined Response in Opposition to Defendants Answer and Affirmative Defenses and Request for Leave to File One New Pleading Under Fla. Stat. 83.45 (DE # 147, 1/24/20) is DENIED, in…”
Imbimbo v. Volusia Realty Assocs., Inc., 20 Fla. Supp. 2d 100 (Fla. Volusia Cty. Ct. 1986). “This Court will not enforce this provision under Section 83.45, Florida Statutes. The charge of .”
— 83.45(1) — 1 case
Lockamy v. Byrne, 474 So. 2d 372 (Fla. 5th DCA 1985). “Section 83.45(1) provides: 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…”
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