Florida Statute 83.46 - 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. 83.46

83.46 Rent; duration of tenancies.—

(1) Unless otherwise agreed, rent is payable without demand or notice; periodic rent is payable at the beginning of each rent payment period; and rent is uniformly apportionable from day to day.

(2) If the rental agreement contains no provision as to duration of the tenancy, the duration is determined by the periods for which the rent is payable. If the rent is payable weekly, then the tenancy is from week to week; if payable monthly, tenancy is from month to month; if payable quarterly, tenancy is from quarter to quarter; if payable yearly, tenancy is from year to year.

(3) If the dwelling unit is furnished without rent as an incident of employment and there is no agreement as to the duration of the tenancy, the duration is determined by the periods for which wages are payable. If wages are payable weekly or more frequently, then the tenancy is from week to week; and if wages are payable monthly or no wages are payable, then the tenancy is from month to month. In the event that the employee ceases employment, the employer shall be entitled to rent for the period from the day after the employee ceases employment until the day that the dwelling unit is vacated at a rate equivalent to the rate charged for similarly situated residences in the area. This subsection shall not apply to an employee or a resident manager of an apartment house or an apartment complex when there is a written agreement to the contrary.

History.—s. 2, ch. 73-330; s. 2, ch. 81-190; s. 2, ch. 87-195; s. 2, ch. 90-133; s. 1, ch. 93-255.

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Amendments to 83.46

Annotations, Discussions, Cases:

Cases Citing Statute 83.46

Total Results: 7

Morse v. State

604 So. 2d 496, 1992 WL 126576

District Court of Appeal of Florida | Filed: Jun 11, 1992 | Docket: 1686524

Cited 7 times | Published

to a specific length of tenancy, then under section 83.46(2), Florida Statutes (1989), the periods for

Atlantis Estate Acquisitions, Inc. v. DePierro

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

District Court of Appeal of Florida | Filed: Apr 24, 2013 | Docket: 60236108

Cited 3 times | Published

installments. The rental payment period is yearly. See § 83.46(2), Fla. Stat. Therefore, the $66,000 was not being

Johnson v. Manatee Bay Apartments Corp. (In Re Johnson)

460 B.R. 328

United States Bankruptcy Court, S.D. Florida. | Filed: Nov 17, 2011 | Docket: 2072834

Cited 2 times | Published

pursuant to the terms of the lease. See Florida Stat. § 83.46(1) (1993) ("[P]eriodic rent is payable at the beginning

CHRISTINA MARIE POWERS v. ROY GEORGE WHITCRAFT, III

District Court of Appeal of Florida | Filed: Jul 21, 2021 | Docket: 60073803

Published

thus indicating a month-to- month tenancy. See § 83.46(2), Fla. Stat. (2018) (“If the rental agreement

In re Revisions to Simplified Forms Pursuant to Rule 10-2.1(a) of the Rules Regulating the Florida Bar

50 So. 3d 503, 35 Fla. L. Weekly Supp. 216, 2010 Fla. LEXIS 568, 2010 WL 1488111

Supreme Court of Florida | Filed: Apr 15, 2010 | Docket: 60297315

Published

premises with the tenant’s consent. SOURCE: Section 83.46,83.56, Florida Statutes (49952007). FORM NOTES

Florida Bar re Approval of Forms Pursuant to Rule 10-1.1(b)

591 So. 2d 594, 16 Fla. L. Weekly Supp. 765, 1991 Fla. LEXIS 2134, 1991 WL 258213

Supreme Court of Florida | Filed: Dec 5, 1991 | Docket: 64664291

Published

of a single-family home or duplex. SOURCE: Section 83.46, Florida Statutes (1990). NOTICE FROM TENANT

Gross v. Bartlett

547 So. 2d 661, 14 Fla. L. Weekly 1473, 1989 Fla. App. LEXIS 3412, 1989 WL 64526

District Court of Appeal of Florida | Filed: Jun 16, 1989 | Docket: 64644373

Published

month because the rent payments were due monthly. § 83.46(2), Fla.Stat. (1987). The equitable remedy of specific