Florida Statutes
Fla. Stat. § 83.46 (2025)
Rent; duration of tenancies.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 10
cases (1 in the last 5 years), 1974–2021 · leading case: City of Miami Beach v. Forte Towers, Inc., 305 So. 2d 764 (Fla. 1974).
City of Miami Beach v. Forte Towers, Inc., 305 So. 2d 764 (Fla. 1974). “The trial court found the ordinance invalid both for unlawful delegation of the city's legislative authority without sufficient objective guidelines and for conflict with the Florida Residential Landlord and Tenant Act (specifically, F.S. §§ 83.46, 83.57, 83.58, and 83.59) and F.”
Atlantis Est. Acquisitions, Inc. v. DePierro, 125 So. 3d 889 (Fla. 4th DCA 2013). “See § 83.46(2), Fla. Stat. Therefore, the ,000 was not being held for a future rental period but was paid for the current year’s rental.”
Morse v. State, 604 So. 2d 496 (Fla. 1st DCA 1992). “If appellant and the motel manager did not agree to a specific length of tenancy, then under section 83.46(2), Florida Statutes (1989), the periods for which rent was payable determined the duration of tenancy.”
Florida Bar re Approval of Forms Pursuant to Rule 10-1.1(b), 591 So. 2d 594 (Fla. 1991). “SOURCE: Section 83.46, Florida Statutes (1990). NOTICE FROM TENANT TO LANDLORD — WITHHOLDING RENT FOR FAILURE OF LANDLORD TO MAINTAIN PREMISES AS REQUIRED BY FLORIDA STATUTE 83.”
Johnson v. Manatee Bay Apts. Corp. (In Re Johnson), 460 B.R. 328 (Bankr. S.D. Florida 2011). “§ 83.46(1) (1993) (“[Periodic rent is payable at the beginning of each rent payment period.”
In re Revisions to Simplified Forms Pursuant to Rule 10-2.1(a) of the Rules Regulating the Florida Bar, 50 So. 3d 503 (Fla. 2010). “SOURCE: Section 83.46,83.56, Florida Statutes (49952007).”
Gross v. Bartlett, 547 So. 2d 661 (Fla. 2d DCA 1989). “renew the lease at the end of the first year, the tenancy simply became a tenancy at will.”
Christina Marie Powers v. Roy George Whitcraft, III (Fla. 4th DCA 2021). “See § 83.46(2), Fla. Stat. (2018) (“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.”
Hunter's Run, Ltd. v. Hoelscher & Ehrhart, 34 Fla. Supp. 2d 148 (Fla. Orange Cty. Ct. 1987). “7 An inspection of the legislative history of Fla. Stat. 83.46(1) reveals the common law as enunciated in Wagner v Rice was changed.”
Cunning v. Griffin, 3 Fla. Supp. 2d 127 (Fla. Lake Cty. Ct. 1983). “Florida Statutes Section 83.46(3) specifically applies to a dwelling unit which is furnished as an incident of employment, and Section 83.”
— 83.46(1) — 2 cases
Johnson v. Manatee Bay Apts. Corp. (In Re Johnson), 460 B.R. 328 (Bankr. S.D. Florida 2011). “§ 83.46(1) (1993) (“[Periodic rent is payable at the beginning of each rent payment period.”
Hunter's Run, Ltd. v. Hoelscher & Ehrhart, 34 Fla. Supp. 2d 148 (Fla. Orange Cty. Ct. 1987). “7 An inspection of the legislative history of Fla. Stat. 83.46(1) reveals the common law as enunciated in Wagner v Rice was changed.”
— 83.46(2) — 4 cases
Atlantis Est. Acquisitions, Inc. v. DePierro, 125 So. 3d 889 (Fla. 4th DCA 2013). “See § 83.46(2), Fla. Stat. Therefore, the ,000 was not being held for a future rental period but was paid for the current year’s rental.”
Morse v. State, 604 So. 2d 496 (Fla. 1st DCA 1992). “If appellant and the motel manager did not agree to a specific length of tenancy, then under section 83.46(2), Florida Statutes (1989), the periods for which rent was payable determined the duration of tenancy.”
Gross v. Bartlett, 547 So. 2d 661 (Fla. 2d DCA 1989). “renew the lease at the end of the first year, the tenancy simply became a tenancy at will.”
Christina Marie Powers v. Roy George Whitcraft, III (Fla. 4th DCA 2021). “See § 83.46(2), Fla. Stat. (2018) (“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.”
— 83.46(3) — 1 case
Cunning v. Griffin, 3 Fla. Supp. 2d 127 (Fla. Lake Cty. Ct. 1983). “Florida Statutes Section 83.46(3) specifically applies to a dwelling unit which is furnished as an incident of employment, and Section 83.”
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