Florida Statute 83.56 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 83
LANDLORD AND TENANT

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F.S. 83.56

83.56 Termination of rental agreement.—

(1) If the landlord materially fails to comply with s. 83.51(1) or material provisions of the rental agreement within 7 days after delivery of written notice by the tenant specifying the noncompliance and indicating the intention of the tenant to terminate the rental agreement by reason thereof, the tenant may terminate the rental agreement. If the failure to comply with s. 83.51(1) or material provisions of the rental agreement is due to causes beyond the control of the landlord and the landlord has made and continues to make every reasonable effort to correct the failure to comply, the rental agreement may be terminated or altered by the parties, as follows:

(a) If the landlord’s failure to comply renders the dwelling unit untenantable and the tenant vacates, the tenant shall not be liable for rent during the period the dwelling unit remains uninhabitable.

(b) If the landlord’s failure to comply does not render the dwelling unit untenantable and the tenant remains in occupancy, the rent for the period of noncompliance shall be reduced by an amount in proportion to the loss of rental value caused by the noncompliance.

(2) If the tenant materially fails to comply with s. 83.52 or material provisions of the rental agreement, other than a failure to pay rent, or reasonable rules or regulations, the landlord may:

(a) If such noncompliance is of a nature that the tenant should not be given an opportunity to cure it or if the noncompliance constitutes a subsequent or continuing noncompliance within 12 months of a written warning by the landlord of a similar violation, deliver a written notice to the tenant specifying the noncompliance and the landlord’s intent to terminate the rental agreement by reason thereof. Examples of noncompliance which are of a nature that the tenant should not be given an opportunity to cure include, but are not limited to, destruction, damage, or misuse of the landlord’s or other tenants’ property by intentional act or a subsequent or continued unreasonable disturbance. In such event, the landlord may terminate the rental agreement, and the tenant shall have 7 days from the date that the notice is delivered to vacate the premises. The notice shall be in substantially the following form:

You are advised that your lease is terminated effective immediately. You shall have 7 days from the delivery of this letter to vacate the premises. This action is taken because (cite the noncompliance) .

(b) If such noncompliance is of a nature that the tenant should be given an opportunity to cure it, deliver a written notice to the tenant specifying the noncompliance, including a notice that, if the noncompliance is not corrected within 7 days from the date that the written notice is delivered, the landlord shall terminate the rental agreement by reason thereof. Examples of such noncompliance include, but are not limited to, activities in contravention of the lease or this part such as having or permitting unauthorized pets, guests, or vehicles; parking in an unauthorized manner or permitting such parking; or failing to keep the premises clean and sanitary. If such noncompliance recurs within 12 months after notice, an eviction action may commence without delivering a subsequent notice pursuant to paragraph (a) or this paragraph. The notice shall be in substantially the following form:

You are hereby notified that (cite the noncompliance) . Demand is hereby made that you remedy the noncompliance within 7 days of receipt of this notice or your lease shall be deemed terminated and you shall vacate the premises upon such termination. If this same conduct or conduct of a similar nature is repeated within 12 months, your tenancy is subject to termination without further warning and without your being given an opportunity to cure the noncompliance.

(3) If the tenant fails to pay rent when due and the default continues for 3 days, excluding Saturday, Sunday, and legal holidays, after delivery of written demand by the landlord for payment of the rent or possession of the premises, the landlord may terminate the rental agreement. Legal holidays for the purpose of this section shall be court-observed holidays only. The 3-day notice shall contain a statement in substantially the following form:

You are hereby notified that you are indebted to me in the sum of dollars for the rent and use of the premises (address of leased premises, including county) , Florida, now occupied by you and that I demand payment of the rent or possession of the premises within 3 days (excluding Saturday, Sunday, and legal holidays) from the date of delivery of this notice, to wit: on or before the day of , (year) .

(landlord’s name, address and phone number)

(4) The delivery of the written notices required by subsections (1), (2), and (3) shall be by mailing or delivery of a true copy thereof or, if the tenant is absent from the premises, by leaving a copy thereof at the residence. The notice requirements of subsections (1), (2), and (3) may not be waived in the lease.

(5)(a) If the landlord accepts rent with actual knowledge of a noncompliance by the tenant or accepts performance by the tenant of any other provision of the rental agreement that is at variance with its provisions, or if the tenant pays rent with actual knowledge of a noncompliance by the landlord or accepts performance by the landlord of any other provision of the rental agreement that is at variance with its provisions, the landlord or tenant waives his or her right to terminate the rental agreement or to bring a civil action for that noncompliance, but not for any subsequent or continuing noncompliance. However, a landlord does not waive the right to terminate the rental agreement or to bring a civil action for that noncompliance by accepting partial rent for the period. If partial rent is accepted after posting the notice for nonpayment, the landlord must:

1. Provide the tenant with a receipt stating the date and amount received and the agreed upon date and balance of rent due before filing an action for possession;

2. Place the amount of partial rent accepted from the tenant in the registry of the court upon filing the action for possession; or

3. Post a new 3-day notice reflecting the new amount due.

(b) Any tenant who wishes to defend against an action by the landlord for possession of the unit for noncompliance of the rental agreement or of relevant statutes must comply with s. 83.60(2). The court may not set a date for mediation or trial unless the provisions of s. 83.60(2) have been met, but must enter a default judgment for removal of the tenant with a writ of possession to issue immediately if the tenant fails to comply with s. 83.60(2).

(c) This subsection does not apply to that portion of rent subsidies received from a local, state, or national government or an agency of local, state, or national government; however, waiver will occur if an action has not been instituted within 45 days after the landlord obtains actual knowledge of the noncompliance.

(6) If the rental agreement is terminated, the landlord shall comply with s. 83.49(3).

History.—s. 2, ch. 73-330; s. 23, ch. 82-66; s. 6, ch. 83-151; s. 14, ch. 83-217; s. 6, ch. 87-195; s. 6, ch. 93-255; s. 6, ch. 94-170; s. 1373, ch. 95-147; s. 5, ch. 99-6; s. 8, ch. 2013-136.

F.S. 83.56 on Google Scholar

F.S. 83.56 on Casetext

Amendments to 83.56

Arrestable Offenses / Crimes under Fla. Stat. 83.56

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 83.56.

Annotations, Discussions, Cases:

Cases Citing Statute 83.56

Total Results: 20

Kac 2021-1, LLC, as Assignee for Johnny Smith v. American Homes 4 Rent Properties One, L L C

Court: District Court of Appeal of Florida | Date Filed: 2024-10-30

Snippet: when commencing an eviction action." See §§ 83.56(3), (4), .59, Fla. Stat. (2022). Specifically, KAC

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

Court: District Court of Appeal of Florida | Date Filed: 2024-07-31

Snippet: under the lease, despite this noncompliance. See § 83.56(5)(a), Fla. Stat. (“If the landlord accepts rent

Alisha Price v. Reza Torkaman

Court: District Court of Appeal of Florida | Date Filed: 2024-04-24

Snippet: issued a notice invoking the provisions of section 83.56(3), Florida Statutes (2023), informing Tenant of

ASHBIL D. GILL v. ALEXANDER PARVEZ

Court: District Court of Appeal of Florida | Date Filed: 2021-12-15

Snippet: the tenant’s defenses other than 1 Section 83.56(2)(a), Fla. Stat. (2020), explains that when a tenant

1560/1568 DREXEL AVENUE, LLC, etc. v. SAIDELL JACQUILINE JIMENEZ

Court: District Court of Appeal of Florida | Date Filed: 2021-05-27

Snippet: written notice in the manner provided in s. 83.56(4), as follows: .... (3)

F.Y.E.S. HOLDINGS, INC. v. HOUSE GOLDEN RULE, LLC AND PAUL QUEVEDO

Court: District Court of Appeal of Florida | Date Filed: 2021-05-19

Snippet: giving Quevedo three-day notice pursuant to section 83.56(3), Florida Statutes (2019), was personally served

Stephens-Williams v. Johnson

Court: District Court of Appeal of Florida | Date Filed: 2016-01-06

Citation: 181 So. 3d 577, 2016 Fla. App. LEXIS 245, 2016 WL 65498

Snippet: landlord’s three-day notice, required by section 83.56(5)(a)(3), Florida Statutes (2014), was flawed. She

Jamilla Stephens-Williams and SM Williams v. Michael Johnson

Court: District Court of Appeal of Florida | Date Filed: 2016-01-06

Snippet: landlord’s three-day notice, required by section 83.56(5)(a)(3), Florida Statutes (2014), was flawed. She

Noimbie v. Harvey

Court: District Court of Appeal of Florida | Date Filed: 2014-05-07

Citation: 137 So. 3d 606, 2014 WL 1795643, 2014 Fla. App. LEXIS 6721

Snippet: alleging nonpayment of rent pursuant to section 83.56(3), Florida Statutes (2011). The three-day notice

Wolf v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-07-03

Citation: 117 So. 3d 1203, 2013 WL 3335031, 2013 Fla. App. LEXIS 10707

Snippet: referenced as the “relevant portions” of sections 83.46, 83.56, 83.57, and 83.43, Florida Statutes, which are part

Plakhov v. Serova

Court: District Court of Appeal of Florida | Date Filed: 2012-10-24

Citation: 126 So. 3d 1221, 2012 WL 5232231, 2012 Fla. App. LEXIS 18503

Snippet: Landlord the notice to cure required by section 83.56(1) which is a precondition to the tenant’s ability

In re Revisions to Simplified Forms Pursuant to Rule 10-2.1(a) of the Rules Regulating the Florida Bar

Court: Supreme Court of Florida | Date Filed: 2010-04-15

Citation: 50 So. 3d 503, 35 Fla. L. Weekly Supp. 216, 2010 Fla. LEXIS 568, 2010 WL 1488111

Snippet: three days and should be reviewed. SOURCE: Section 83.56(3) and (4), Florida Statutes (19952007). FORM NOTES

Brown v. Aswan Villas Apartments Ltd. Partnership

Court: District Court of Appeal of Florida | Date Filed: 1998-02-11

Citation: 705 So. 2d 1043, 1998 Fla. App. LEXIS 1129, 1998 WL 51584

Snippet: necessary to terminate the rental agreement. § 83.56(3), Fla. Stat. (1995). The only record notice as

Bell v. Kornblatt

Court: District Court of Appeal of Florida | Date Filed: 1998-01-21

Citation: 705 So. 2d 113, 1998 WL 17649

Snippet: three-day notice that did not conform to section 83.56(3), Florida Statutes (1995). That statute provides

Volksbank Regensburg eG v. Burger

Court: District Court of Appeal of Florida | Date Filed: 1997-12-31

Citation: 703 So. 2d 538, 1997 Fla. App. LEXIS 14517, 1997 WL 795671

Snippet: in which rule 1.090(e) was applied to a section 83.56(3) notice to pay rent or vacate that the landlord

Morse v. State

Court: District Court of Appeal of Florida | Date Filed: 1992-06-11

Citation: 604 So. 2d 496, 1992 WL 126576

Snippet: a tenancy without prior written notice. Section 83.56(2)(a), Florida Statutes (1989), authorizes a landlord

Florida Bar re Approval of Forms Pursuant to Rule 10-1.1(b)

Court: Supreme Court of Florida | Date Filed: 1991-12-05

Citation: 591 So. 2d 594, 16 Fla. L. Weekly Supp. 765, 1991 Fla. LEXIS 2134, 1991 WL 258213

Snippet: tenant or to recover past due rent. SOURCE: Section 83.56(3), Florida Statutes (1990). NOTICE FROM LANDLORD

Moskowitz v. Aslam

Court: District Court of Appeal of Florida | Date Filed: 1991-03-12

Citation: 575 So. 2d 1367, 1991 Fla. App. LEXIS 2151, 1991 WL 31836

Snippet: the three day letter1 served pursuant to section 83.56(3), Florida Statutes (1989), incorporated a demand—

Casavan v. LAND O'LAKES REALTY, INC., OF LEESBURG

Court: District Court of Appeal of Florida | Date Filed: 1989-03-23

Citation: 542 So. 2d 371, 1989 WL 25353

Snippet: I agree with the majority opinion that section 83.56[5] does not apply *376 to this lawsuit either, because

The Florida Bar v. Roman

Court: Supreme Court of Florida | Date Filed: 1988-06-02

Citation: 526 So. 2d 60, 1988 WL 55638

Snippet: to November 1, 1986. Costs in the amount of $1,083.56 are hereby taxed against the respondent for which