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Fla. Stat. § 83.48 (2025)

Attorney fees.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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83.48 Attorney fees.—In any civil action brought to enforce the provisions of the rental agreement or this part, the party in whose favor a judgment or decree has been rendered may recover reasonable attorney fees and court costs from the nonprevailing party. The right to attorney fees in this section may not be waived in a lease agreement. However, attorney fees may not be awarded under this section in a claim for personal injury damages based on a breach of duty under s. 83.51.
History.—s. 2, ch. 73-330; s. 4, ch. 83-151; s. 2, ch. 2013-136.
Notes of Decisions
Cited in 43 cases (12 in the last 5 years), 1980–2026 · leading case: Xanadu of Cocoa Beach, Inc. v. Lenz, 504 So. 2d 518 (Fla. 5th DCA 1987).
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Xanadu of Cocoa Beach, Inc. v. Lenz, 504 So. 2d 518 (Fla. 5th DCA 1987). · cites it 12× “We affirm the trial court in total but discuss only the award of court costs which contains an item for attorney's fees under section 83.48, Florida Statutes (1983). The rental agreement between the parties was executed on June 6, 1983.”
Florida Hurricane Prot. & Awning, Inc. v. Pastina, 43 So. 3d 893 (Fla. 4th DCA 2010). · cites it 4× “As the Committee on Judiciary Staff Analysis noted, before 1988, "[v]arious chapters of the Florida Statutes provide[d] that with regard to particular types of contracts, the prevailing party [was] entitled to attorneys fees, Section 83.48, Florida Statutes, (residential rental…”
Florida Patient's Comp. Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985). “The second category adopts the English Rule, authorizing the prevailing party, whether plaintiff or defendant, to recover attorney fees from the opposing party.”
Rados v. Rados, 791 So. 2d 1130 (Fla. 2d DCA 2001). · cites it 2× “(1999) (providing sanctions for raising unsupported claims or defenses); § 83.48, Fla.Stat. (1999) (landlord and tenant actions); § 119.”
Lewis v. Guthartz, 428 So. 2d 222 (Fla. 1982). · cites it 2× “Section 83.48 requires the litigation to be "with respect to the rental agreement.”
Scruggs v. Sutton, 970 So. 2d 853 (Fla. 3d DCA 2007). · cites it 7× “For the eviction count, the Scruggs requested attorney's fees under section 83.48, Florida Statutes (2004). Sutton answered the second amended complaint and filed a three-count counterclaim seeking to quiet title and impose a resulting trust or a constructive trust.”
Guthartz v. Lewis, 408 So. 2d 600 (Fla. 3d DCA 1981). · cites it 5× “Applying that rule of strict construction to the present case, and finding that the tenants' act was not one "with respect to the rental agreement," we must agree that the attorneys' fee award was not authorized by Section 83.48, Florida Statutes (1977). Cf.”
Complete Interiors, Inc. v. Behan, 558 So. 2d 48 (Fla. 5th DCA 1990). · cites it 2× “1956), and by analogy were not normally obtainable in landlord tenant cases prior to the adoption of Section 83.48, Florida Statutes (1981), which provides: If a rental agreement contains a provision allowing attorney's fees to the landlord, when he is required to take any…”
GACCIONE v. Damiano, 35 So. 3d 1008 (Fla. 5th DCA 2010). · cites it 36× “[2] She claimed fees based on a provision in the sale agreement and pursuant to section 83.48, Florida Statutes (2007). After a hearing, the trial court entered an order denying attorney's fees but reserving jurisdiction to award costs.”
Swortz v. S. Rainbow Corp., 603 So. 2d 107 (Fla. 3d DCA 1992). · cites it 4× “Appellant moves for a rehearing claiming that it was error for the court to award attorney’s fees pursuant to section 83.48, Florida Statutes (1991), when the court only reserved jurisdiction in its final judgment to award fees pursuant to section 57.”
Atlantis Est. Acquisitions, Inc. v. DePierro, 125 So. 3d 889 (Fla. 4th DCA 2013). “Section 83.48(9) defines “advance rent” as “moneys paid to the landlord to be applied to future rent payment periods, but does not include rent paid in advance for a current rent payment period.”
Petrulli v. Castellano, 412 So. 2d 432 (Fla. 4th DCA 1982). · cites it 2× “1956), and by analogy were not normally obtainable in landlord tenant cases prior to the adoption of Section 83.48, Florida Statutes (1981), which provides: If a rental agreement contains a provision allowing attorney's fees to the landlord when he is required to take any action…”
Show all 43 citing cases →
— 83.48(9) — 1 case
Atlantis Est. Acquisitions, Inc. v. DePierro, 125 So. 3d 889 (Fla. 4th DCA 2013). “Section 83.48(9) defines “advance rent” as “moneys paid to the landlord to be applied to future rent payment periods, but does not include rent paid in advance for a current rent payment period.”
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