Florida Statutes

Fla. Stat. § 83.47 (2025)

Prohibited provisions in rental agreements.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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83.47 Prohibited provisions in rental agreements.—

(1) A provision in a rental agreement is void and unenforceable to the extent that it:

(a) Purports to waive or preclude the rights, remedies, or requirements set forth in this part.

(b) Purports to limit or preclude any liability of the landlord to the tenant or of the tenant to the landlord, arising under law.

(2) If such a void and unenforceable provision is included in a rental agreement entered into, extended, or renewed after the effective date of this part and either party suffers actual damages as a result of the inclusion, the aggrieved party may recover those damages sustained after the effective date of this part.

History.—s. 2, ch. 73-330.

Notes of Decisions

Cited in 14 cases (2 in the last 5 years), 1973–2025 · leading case: Tout v. Hartford Acc. & Indem. Co., 390 So. 2d 155 (Fla. 3d DCA 1980).

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Tout v. Hartford Acc. & Indem. Co., 390 So. 2d 155 (Fla. 3d DCA 1980). · cites it 2× “In their answer to the subrogation claim filed by Hartford, the Touts asserted the exculpatory clause cited above as an affirmative defense. Hartford's motion to strike this defense was granted, which the Touts alleged to be error.”

John's Pass Seafood Co. v. Weber, 369 So. 2d 616 (Fla. 2d DCA 1979). · cites it 2× “With the passage of Section 83.47, Florida Statutes (1977), the validity of an exculpatory provision for any purpose in a residential lease is in serious doubt.”

Ivey Plants, Inc. v. FMC Corp., 282 So. 2d 205 (Fla. 4th DCA 1973). “(See Section 83.47, Chapter 73-330, Laws of Florida).”

Fuentes v. Owen, 310 So. 2d 458 (Fla. 3d DCA 1975). · cites it 2× “73-330, § 2 (appearing as § 83.47, Fla. Stat., F.S.A.) the exculpatory provision of this lease would be void.”

Bell v. Kornblatt, 705 So. 2d 113 (Fla. 3d DCA 1998). · cites it 2× “Section 83.47(1)(a), Florida Statutes (1995), renders a waiver under Moskos v.”

Lockamy v. Byrne, 474 So. 2d 372 (Fla. 5th DCA 1985). · cites it 5× “2d DCA 1979), the court commented that with the passage of Section 83.47, Florida Statutes (1977), the validity of an exculpatory provision for any purpose in a residential lease was in serious doubt.”

Olen Props. Corp. v. Moss, 984 So. 2d 558 (Fla. 4th DCA 2008). “Section 83.47(1)(a) provides that a "provision in a rental agreement is void and unenforceable to the extent that it .”

Ray v. Tampa Windridge Assocs., Ltd., 596 So. 2d 676 (Fla. 2d DCA 1991). · cites it 5× “” On the other hand, plaintiff contends that the foregoing provision in that document is rendered unenforceable by section 83.47 which provides in part, Prohibited provisions in rental agreements.”

William Hefley & Aimee J. Hefley v. Christopher Holmquist (Fla. 5th DCA 2025). · cites it 5× “3d at 239 (discussing section 83.47(1)). 17 dwelling unit from time to time in order to inspect the premises; make necessary or agreed repairs, decorations, alterations, or improvements; .”

Tax v. Keiser, 328 So. 2d 517 (Fla. 4th DCA 1976). “NOTES [1] Section 83.47 F.S. 1973 became effective July 1, 1973.”

The Duffner Fam. 2012 Irrevocable Trust v. The Lee R. Duffner Revocable Living Trust (Fla. 3d DCA 2024). · cites it 2× “To that end, section 83.47, Florida Statutes, declares void and unenforceable any provision in a rental agreement that “purports to waive or preclude the rights, remedies, or requirements .”

Inv. & Income Realty, Inc. v. Bentley, 10 Fla. Supp. 2d 40 (Fla. Orange Cty. Ct. 1985). “Of particular concern is Fla.Stat. 83.47(l)(a) which provides: (1) A provision in a rental agreement is void and unenforceable to the extent that it: (a) Purports to waive or preclude the rights, remedies, or requirements set forth in this part.”

Show all 14 citing cases →

— 83.47(1) — 1 case

William Hefley & Aimee J. Hefley v. Christopher Holmquist (Fla. 5th DCA 2025). “3d at 239 (discussing section 83.47(1)). 17 dwelling unit from time to time in order to inspect the premises; make necessary or agreed repairs, decorations, alterations, or improvements; .”

— 83.47(1)(a) — 3 cases

Bell v. Kornblatt, 705 So. 2d 113 (Fla. 3d DCA 1998). “Section 83.47(1)(a), Florida Statutes (1995), renders a waiver under Moskos v.”

Olen Props. Corp. v. Moss, 984 So. 2d 558 (Fla. 4th DCA 2008). “Section 83.47(1)(a) provides that a "provision in a rental agreement is void and unenforceable to the extent that it .”

— 83.47(1)(b) — 1 case

Tout v. Hartford Acc. & Indem. Co., 390 So. 2d 155 (Fla. 3d DCA 1980). “In their answer to the subrogation claim filed by Hartford, the Touts asserted the exculpatory clause cited above as an affirmative defense. Hartford's motion to strike this defense was granted, which the Touts alleged to be error.”

— 83.47(a) — 1 case

The Duffner Fam. 2012 Irrevocable Trust v. The Lee R. Duffner Revocable Living Trust (Fla. 3d DCA 2024). “To that end, section 83.47, Florida Statutes, declares void and unenforceable any provision in a rental agreement that “purports to waive or preclude the rights, remedies, or requirements .”

— 83.47(l)(a) — 2 cases

Imbimbo v. Volusia Realty Assocs., Inc., 20 Fla. Supp. 2d 100 (Fla. Volusia Cty. Ct. 1986).

— 83.47(l)(b) — 1 case

Lockamy v. Byrne, 474 So. 2d 372 (Fla. 5th DCA 1985). “2d DCA 1979), the court commented that with the passage of Section 83.47, Florida Statutes (1977), the validity of an exculpatory provision for any purpose in a residential lease was in serious doubt.”

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