Florida Statute 83.47 - 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. 83.47

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.

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Amendments to 83.47

Annotations, Discussions, Cases:

Cases Citing Statute 83.47

Total Results: 11

Ivey Plants, Inc. v. FMC Corporation

282 So. 2d 205, 1973 Fla. App. LEXIS 7554

District Court of Appeal of Florida | Filed: Aug 29, 1973 | Docket: 1235057

Cited 35 times | Published

decision in Middelton v. Lomaskin, supra. (See Section 83.47, Chapter 73-330, Laws of Florida). [4] A typical

Fuentes v. Owen

310 So. 2d 458

District Court of Appeal of Florida | Filed: Apr 8, 1975 | Docket: 1682908

Cited 11 times | Published

NOTES [1] Under ch. 73-330, § 2 (appearing as § 83.47, Fla. Stat., F.S.A.) the exculpatory provision

Tout v. Hartford Acc. & Indem. Co.

390 So. 2d 155, 1980 Fla. App. LEXIS 18102

District Court of Appeal of Florida | Filed: Nov 18, 1980 | Docket: 1750168

Cited 10 times | Published

ruling of the trial court is supportable on Section 83.47(1)(b), Florida Statutes (1975), which makes

John's Pass Seafood Co. v. Weber

369 So. 2d 616, 1979 Fla. App. LEXIS 14198

District Court of Appeal of Florida | Filed: Mar 2, 1979 | Docket: 470863

Cited 9 times | Published

678 (Fla. 3d DCA 1972). With the passage of Section 83.47, Florida Statutes (1977), the validity of an

Bell v. Kornblatt

705 So. 2d 113, 1998 WL 17649

District Court of Appeal of Florida | Filed: Jan 21, 1998 | Docket: 1582242

Cited 4 times | Published

part expressly covering residential tenancies. Section 83.47(1)(a), Florida Statutes (1995), renders a waiver

Tax v. Keiser

328 So. 2d 517

District Court of Appeal of Florida | Filed: Mar 19, 1976 | Docket: 1334516

Cited 3 times | Published

THOMAS E., Associate Judge, concur. NOTES [1] Section 83.47 F.S. 1973 became effective July 1, 1973.

OLEN PROPERTIES CORPORATION v. Moss

984 So. 2d 558, 2008 WL 2038249

District Court of Appeal of Florida | Filed: May 14, 2008 | Docket: 1289243

Cited 2 times | Published

lessee liable for the rent as it comes due. Section 83.47(1)(a) provides that a "provision in a rental

William Hefley and Aimee J. Hefley v. Christopher Holmquist

District Court of Appeal of Florida | Filed: Feb 6, 2025 | Docket: 69618869

Published

consent is required under the act itself. See § 83.47(1)(a), Fla. Stat. (“A provision in a rental agreement

The Duffner Family 2012 Irrevocable Trust v. The Lee R. Duffner Revocable Living Trust

District Court of Appeal of Florida | Filed: Jul 31, 2024 | Docket: 68999072

Published

40 et seq., Fla. Stat. (2018). To that end, section 83.47, Florida Statutes, declares void and unenforceable

Ray v. Tampa Windridge Associates, Ltd.

596 So. 2d 676, 1991 Fla. App. LEXIS 12122, 1991 WL 256203

District Court of Appeal of Florida | Filed: Dec 4, 1991 | Docket: 64666524

Published

that document is rendered unenforceable by section 83.47 which provides in part, Prohibited provisions

Lockamy v. Byrne

474 So. 2d 372, 10 Fla. L. Weekly 1960, 1985 Fla. App. LEXIS 15494

District Court of Appeal of Florida | Filed: Aug 13, 1985 | Docket: 64613705

Published

the court commented that with the passage of Section 83.47, Florida Statutes (1977), the validity of an