Florida Statute 83.46 | Lawyer Caselaw & Research

The 2024 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.

F.S. 83.46 on Google Scholar

F.S. 83.46 on Casetext

Amendments to 83.46

Arrestable Offenses / Crimes under Fla. Stat. 83.46

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 83.46.

Annotations, Discussions, Cases:

Cases Citing Statute 83.46

Total Results: 16

CHRISTINA MARIE POWERS v. ROY GEORGE WHITCRAFT, III

Court: District Court of Appeal of Florida | Date Filed: 2021-07-21

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

1560/1568 DREXEL AVENUE, LLC, etc. v. SAIDELL JACQUILINE JIMENEZ

Court: District Court of Appeal of Florida | Date Filed: 2021-05-27

Snippet: tenancy without a specific duration, as defined in s. 83.46(2) or (3), may be terminated by either party

Wolf v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-07-03

Citation: 117 So. 3d 1203, 2013 WL 3335031, 2013 Fla. App. LEXIS 10707

Snippet: referenced as the “relevant portions” of sections 83.46, 83.56, 83.57, and 83.43, Florida Statutes, which

Atlantis Estate Acquisitions, Inc. v. DePierro

Court: District Court of Appeal of Florida | Date Filed: 2013-04-24

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

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

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

Court: Supreme Court of Florida | Date Filed: 2010-04-15

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

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

Ago

Court: Florida Attorney General Reports | Date Filed: 2000-06-13

Snippet: Fla. Stat. And see, e.g., Op. Att'y Gen. Fla. 83-46 (1983), concluding that a group of county property

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Court: Florida Attorney General Reports | Date Filed: 1994-11-22

Snippet: Fla. Stat. And see, e.g., Op. Att'y Gen. Fla. 83-46 (1983), concluding that a group of county property

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Court: Florida Attorney General Reports | Date Filed: 1994-05-05

Snippet: tenancy without a specific duration, as defined in s. 83.46(2) or (3), may be terminated by either party giving

Morse v. State

Court: District Court of Appeal of Florida | Date Filed: 1992-06-11

Citation: 604 So. 2d 496, 1992 WL 126576

Snippet: specific length of tenancy, then under section 83.46(2), Florida Statutes (1989), the periods for which

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

Court: Supreme Court of Florida | Date Filed: 1991-12-05

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

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

Gross v. Bartlett

Court: District Court of Appeal of Florida | Date Filed: 1989-06-16

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

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

Florida Bar v. Anderson

Court: Supreme Court of Florida | Date Filed: 1986-01-30

Citation: 482 So. 2d 1, 11 Fla. L. Weekly 43, 1986 Fla. LEXIS 1626

Snippet: District of Florida, Orlando Division, Case No. 83-46-CR-ORL-ll with conspiring to import cocaine with

Ballard v. State

Court: District Court of Appeal of Florida | Date Filed: 1984-04-06

Citation: 447 So. 2d 1040

Snippet: Appellant, v. STATE of Florida, Appellee. No. 83-46. District Court of Appeal of Florida, Second District

DeAnza Harbor, Inc. v. Marano

Court: District Court of Appeal of Florida | Date Filed: 1983-06-22

Citation: 433 So. 2d 69, 1983 Fla. App. LEXIS 27824

Snippet: PER CURIAM. We find that the entry of partial summary judgment on the issue of liability was correct and in accordance with law. Florida Statute § 501.204 (1973) and Rule 2-11-07, Florida Administrative Code (1974) promulgated thereunder were applicable and were properly applied. There being no dispute of material fact or other demonstration of error, the judgment is Affirmed. HERSEY, HURLEY and WALDEN, JJ., concur.

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Court: Florida Attorney General Reports | Date Filed: 1982-06-18

Snippet: for within Part III, Ch. 83, F.S. 1981: Sections 83.46, 83.57, and83.58, within Part II, are inconsistent

City of Miami Beach v. Forte Towers, Inc.

Court: Supreme Court of Florida | Date Filed: 1974-10-09

Citation: 305 So. 2d 764

Snippet: Landlord and Tenant Act (specifically, F.S. §§ 83.46, 83.57, 83.58, and 83.59) and F.S. Ch. 731 (Florida