83.55

Right of action for damages.

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83.55 Right of action for damages.—If either the landlord or the tenant fails to comply with the requirements of the rental agreement or this part, the aggrieved party may recover the damages caused by the noncompliance.

History.—s. 2, ch. 73-330.

Notes of Decisions

Cited in 8 cases (2 in the last 5 years), 1980–2024 · leading case: Paterson v. Deeb

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Paterson v. Deeb (1985) fladistctapp “[4] Section 83.55, as recommended by the Council, provided that the aggrieved party could recover "damages caused by the non-compliance, but punitive damages are not recoverable under this part.”

Gonzalez v. Benoit (1983) fladistctapp · cites it 2× “NOTES [1] Section 83.55, Florida Statutes (1979) provides a basis for compensatory damages.”

Lake Tippecanoe Owners v. Nat. Lake Develop. (1980) fladistctapp · cites it 2× “See § 83.55, Fla. Stat. (1979). The court may not exercise its equity powers when there is an adequate remedy at law.”

Daniel E. Mann, Elizabeth Cannon and Lillian Rauh v. Samuel R. Pierce, Jr. And U.S. Dept. Of Housing & Urban Development (1986) ca11 “51 codifies Florida landlord maintenance obligations and Fla. Stat. § 83.55 provides that a tenant may recover damages for a breach of these obligations.”

The Duffner Family 2012 Irrevocable Trust v. The Lee R. Duffner Revocable Living Trust (2024) fladistctapp · cites it 3× “See § 83.55, Fla. Stat. (“If either the landlord or the tenant fails to comply with the requirements of the rental agreement or this part, the aggrieved party may recover the damages caused by the noncompliance.”

GINA NUGENT v. ANNE- LAURE MICHELIS (2021) fladistctapp “52 and § 83.55 with § 83.43 as controlling authority.”

Williams v. Scrima (1986) flactyct50 “Section 83.55 would allow the tenant to recover damages caused by the landlord’s noncompliance with Section 83.”

Backus v. Tovar (1988) flacirct “§ 83.55 seeking to recover unpaid rent, the tenant may defend on the ground of a material noncompliance with § 83.”

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