Florida Statute 83.48 - 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. 83.48

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.

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Amendments to 83.48

Annotations, Discussions, Cases:

Cases Citing Statute 83.48

Total Results: 26

Lewis v. Guthartz

428 So. 2d 222

Supreme Court of Florida | Filed: Dec 22, 1982 | Docket: 1719996

Cited 40 times | Published

correctly held these two sections inapplicable. Section 83.48 requires the litigation to be "with respect

Complete Interiors, Inc. v. Behan

558 So. 2d 48, 1990 Fla. App. LEXIS 119, 1990 WL 1219

District Court of Appeal of Florida | Filed: Jan 4, 1990 | Docket: 125262

Cited 22 times | Published

landlord tenant cases prior to the adoption of Section 83.48, Florida Statutes (1981), which provides: If

Rados v. Rados

791 So. 2d 1130, 2001 WL 331984

District Court of Appeal of Florida | Filed: Apr 6, 2001 | Docket: 1655865

Cited 19 times | Published

sanctions for raising unsupported claims or defenses); § 83.48, Fla.Stat. (1999) (landlord and tenant actions);

Florida Hurricane Protection & Awning, Inc. v. Pastina

43 So. 3d 893, 2010 Fla. App. LEXIS 13391, 2010 WL 3488714

District Court of Appeal of Florida | Filed: Sep 8, 2010 | Docket: 2398166

Cited 9 times | Published

prevailing party [was] entitled to attorneys fees, Section 83.48, Florida Statutes, (residential rental agreements)

Xanadu of Cocoa Beach, Inc. v. Lenz

504 So. 2d 518, 1987 Fla. App. LEXIS 7393, 12 Fla. L. Weekly 874

District Court of Appeal of Florida | Filed: Mar 26, 1987 | Docket: 453390

Cited 5 times | Published

contains an item for attorney's fees under section 83.48, Florida Statutes (1983). The rental agreement

Guthartz v. Lewis

408 So. 2d 600

District Court of Appeal of Florida | Filed: Dec 8, 1981 | Docket: 1448648

Cited 5 times | Published

(emphasis supplied). First, with respect to Section 83.48, Guthartz admits that the rental agreements

Atlantis Estate Acquisitions, Inc. v. DePierro

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

District Court of Appeal of Florida | Filed: Apr 24, 2013 | Docket: 60236108

Cited 3 times | Published

advance rent under the Landlord and Tenant Act. Section 83.48(9) defines “advance rent” as “moneys paid to

Petrulli v. Castellano

412 So. 2d 432

District Court of Appeal of Florida | Filed: Apr 14, 1982 | Docket: 1525935

Cited 3 times | Published

landlord tenant cases prior to the adoption of Section 83.48, Florida Statutes (1981), which provides: If

GACCIONE v. Damiano

35 So. 3d 1008, 2010 Fla. App. LEXIS 7674, 2010 WL 2131652

District Court of Appeal of Florida | Filed: May 28, 2010 | Docket: 1646252

Cited 2 times | Published

provision in the sale agreement and pursuant to section 83.48, Florida Statutes (2007). After a hearing, the

Scruggs v. Sutton

970 So. 2d 853, 2007 WL 3355154

District Court of Appeal of Florida | Filed: Nov 14, 2007 | Docket: 1324817

Cited 2 times | Published

the Scruggs requested attorney's fees under section 83.48, Florida Statutes (2004). Sutton answered the

Stephanie Sackett v. David Tubero and Paula Tubero

District Court of Appeal of Florida | Filed: Jul 9, 2025 | Docket: 70740037

Published

2d DCA 2022) (holding that the reference in section 83.48, Florida Statutes (2022), to a “judgment” requires

Ethan Gordon v. Isabella Pinoargotty

District Court of Appeal of Florida | Filed: Feb 19, 2025 | Docket: 69651322

Published

because the lease contained no fee provision and section 83.48, Florida Statutes (2022), prohibits fee awards

ANGEL AQUINO v. LESTER CHOY

District Court of Appeal of Florida | Filed: Jul 26, 2023 | Docket: 67636696

Published

339 So. 3d 456, 458–59 (Fla. 2d DCA 2022) (“Section 83.48[, Florida Statutes (2022)] does not provide

DESTINY FULFILLED OUTREACH MINISTRIES, INC. d/b/a LITTLE WALKER'S AT THE EARLY LEARNING CENTER v. INVESTMENTS SWK, LLC

District Court of Appeal of Florida | Filed: Mar 15, 2023 | Docket: 67012436

Published

provision). CONNER and ARTAU, JJ., concur. 1 See § 83.48, Fla. Stat. (2022) (“In any civil action brought

JENIYA NEMANI v. NASSER SACHMECHI

District Court of Appeal of Florida | Filed: Mar 2, 2022 | Docket: 63128004

Published

Because the award of attorney’s fees pursuant to section 83.48, Florida Statutes (2021), is permissive and

NATALIA SOLANGE FONT POMALES v. AKLIPSE ASSET MANAGEMENT, INC.

District Court of Appeal of Florida | Filed: Feb 23, 2022 | Docket: 63108526

Published

Attorney Fees and Costs, seeking fees under section 83.48, Florida Statutes (2021). 2 The trial court

ALINA NUNEZ v. AVIV AIR CONDITIONING, INC., etc.

District Court of Appeal of Florida | Filed: Apr 28, 2021 | Docket: 59860098

Published

So. 3d 820, 822 (Fla. 4th DCA 2010). 4 Section 83.48 provides: Attorney fees.—In any civil

GINA NUGENT v. ANNE- LAURE MICHELIS

District Court of Appeal of Florida | Filed: Mar 10, 2021 | Docket: 59719244

Published

in this landlord/tenant action: one is Florida Statute 83.48 and the other is the lockout statute, FS

Borjas v. Vergara

District Court of Appeal of Florida | Filed: Oct 18, 2017 | Docket: 6171793

Published

entitlement to attorney’s fees pursuant to section 83.48, Florida Statutes. Because there is no landlord/tenant

Florida RS, Inc. v. Nelson

751 So. 2d 55, 1998 Fla. App. LEXIS 15959, 1998 WL 879142

District Court of Appeal of Florida | Filed: Dec 18, 1998 | Docket: 64794932

Published

The court awarded the fee on the basis of section 83.48 which authorizes fees to “the party in whose

Swortz v. Southern Rainbow Corp.

603 So. 2d 107, 1992 Fla. App. LEXIS 8385, 1992 WL 185031

District Court of Appeal of Florida | Filed: Aug 4, 1992 | Docket: 64669212

Published

court to award attorney’s fees pursuant to section 83.48, Florida Statutes (1991), when the court only

Miles v. Metropolitan Dade County

916 F.2d 1528, 1990 WL 160917

Court of Appeals for the Eleventh Circuit | Filed: Nov 9, 1990 | Docket: 66258846

Published

authority for the County’s actions. See Fla.Stat.Ann. § 83.48 (West 1987). We note that parties in both state

Gilbert v. Jabour

527 So. 2d 951, 13 Fla. L. Weekly 1577, 1988 Fla. App. LEXIS 2823, 1988 WL 67781

District Court of Appeal of Florida | Filed: Jul 5, 1988 | Docket: 64635764

Published

section 83.51(l)(a), Florida Statutes (1983). Section 83.48 of the statute limits the recovery of attorney’s

Meruelo v. Robinson

426 So. 2d 1164, 1983 Fla. App. LEXIS 18630

District Court of Appeal of Florida | Filed: Feb 8, 1983 | Docket: 64595126

Published

are entitled to a reasonable attorney’s fee, Section 83.48, Florida Statutes (1981), the amount of which

Guthartz v. Lewis

408 So. 2d 600, 1981 Fla. App. LEXIS 21858

District Court of Appeal of Florida | Filed: Dec 8, 1981 | Docket: 64587298

Published

(emphasis supplied). First, with respect to Section 83.48, Gu-thartz admits that the rental agreements

Dooley v. Culver

392 So. 2d 575

District Court of Appeal of Florida | Filed: Nov 19, 1980 | Docket: 1678188

Published

circumstances. In the case of residential rentals, Section 83.48, Florida Statutes (1979) converts a provision