83.56
Termination of rental agreement.
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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)-(3) shall be by mailing, delivering a true copy thereof, e-mailing in accordance with s. 83.505, or, if the tenant is absent from the premises, by leaving a copy thereof at the residence. The notice requirements of subsections (1)-(3) may not be waived in the rental agreement.
(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; s. 5, ch. 2025-16.
Notes of Decisions
Cited in 77
cases (12 in the last 5 years), 1977–2026 · leading case: KD Lewis Enterprises Corp. v. Smith
KD Lewis Enterprises Corp. v. Smith (1984)
“To recover for diminishment in the value of the premises, it is necessary for the tenant to comply with section 83.56, Florida Statutes (1981), which provides as follows: Remedies; termination of rental agreement.”
INV. AND INCOME REALTY, INC. v. Bentley (1985)
“A landlord is statutorily authorized to terminate a rental agreement after a tenant fails to comply within three days to a written demand for payment of rent, § 83.56(3) Fla. Stat. (1983). Delivery of the landlord's demand is governed by section 83.”
Morse v. State (1992)
“Section 83.56(2)(a), Florida Statutes (1989), authorizes a landlord to terminate a tenancy for "continued unreasonable disturbance" by giving seven days' written notice.”
Florida Bar re Approval of Forms Pursuant to Rule 10-1.1(b) (1991)
“SOURCE: Section 83.56, Florida Statutes (1990). COMPLAINT FOR LANDLORD TO EVICT TENANTS FOR FAILURE TO PAY RENT AND TO RECOVER PAST DUE RENT *599 IN THE COUNTY COURT, IN AND FOR (insert county in which rental property is located) COUNTY, FLORIDA CASE NO_ (insert case number…”
In Re PAVCO Enterprises, Inc. (1994)
“The resolution of the matter under consideration requires the interpretation of a lease and the Florida statute which governs the relationship between landlords of tenants of commercial leases, Florida Statute § 83.56. The facts as established by the evidence are basically…”
Metropolitan Dade County v. Dansey (1990)
“The complaint will be dismissed without prejudice and plaintiff will be allowed to file a new case upon meeting the necessary preconditions to a statutory action under § 83.56 Fla. Stat. This must be a new action, not an amended complaint in the present action.”
Kingston Square Tenants Ass'n v. Tuskegee Gardens, Ltd. (1992)
“lyhoo The Defendants seek dismissal of Count III of the Plaintiffs’ Complaint, which sets *1574 forth a breach of implied warranty of habitability claim under state law, on the grounds that: (1) the only remedy available under this theory is termination of the lease agreement;…”
Bell v. Kornblatt (1998)
“She argues that the eviction was predicated on a three-day notice that did not conform to section 83.56(3), Florida Statutes (1995).”
Multach v. Adams (1982)
“In possible explanation we note that Section 83.56(5), Florida Statutes (1981), provides: (5) 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…”
Plakhov v. Serova (2012)
“” § 83.56(1), Fla. Stat. (2009). Affirmed. CIKLIN, GERBER and LEVINE, JJ„ concur.”
McGuire v. Nelson (1980)
“In the first point, petitioner contended that the county court erred in failing to entertain one of petitioner's defenses which involved petitioner's interpretation of section 83.56(5), Florida Statutes (1979).”
Johnson v. Manatee Bay Apartments Corp. (In Re Johnson) (2011)
“See Fla. Stat. § 83.56 (5) (1999) (“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 .”
— 83.56(1) — 7 cases
KD Lewis Enterprises Corp. v. Smith (1984)
“To recover for diminishment in the value of the premises, it is necessary for the tenant to comply with section 83.56, Florida Statutes (1981), which provides as follows: Remedies; termination of rental agreement.”
Kingston Square Tenants Ass'n v. Tuskegee Gardens, Ltd. (1992)
“lyhoo The Defendants seek dismissal of Count III of the Plaintiffs’ Complaint, which sets *1574 forth a breach of implied warranty of habitability claim under state law, on the grounds that: (1) the only remedy available under this theory is termination of the lease agreement;…”
Plakhov v. Serova (2012)
“” § 83.56(1), Fla. Stat. (2009). Affirmed. CIKLIN, GERBER and LEVINE, JJ„ concur.”
Mansur v. Eubanks (1979)
Smith v. Rooy (1985)
— 83.56(2) — 3 cases
— 83.56(2)(a) — 5 cases
Morse v. State (1992)
“Section 83.56(2)(a), Florida Statutes (1989), authorizes a landlord to terminate a tenancy for "continued unreasonable disturbance" by giving seven days' written notice.”
— 83.56(2)(b) — 3 cases
— 83.56(3) — 41 cases
INV. AND INCOME REALTY, INC. v. Bentley (1985)
“A landlord is statutorily authorized to terminate a rental agreement after a tenant fails to comply within three days to a written demand for payment of rent, § 83.56(3) Fla. Stat. (1983). Delivery of the landlord's demand is governed by section 83.”
Morse v. State (1992)
“Section 83.56(2)(a), Florida Statutes (1989), authorizes a landlord to terminate a tenancy for "continued unreasonable disturbance" by giving seven days' written notice.”
Bell v. Kornblatt (1998)
“She argues that the eviction was predicated on a three-day notice that did not conform to section 83.56(3), Florida Statutes (1995).”
Florida Bar re Approval of Forms Pursuant to Rule 10-1.1(b) (1991)
“SOURCE: Section 83.56, Florida Statutes (1990). COMPLAINT FOR LANDLORD TO EVICT TENANTS FOR FAILURE TO PAY RENT AND TO RECOVER PAST DUE RENT *599 IN THE COUNTY COURT, IN AND FOR (insert county in which rental property is located) COUNTY, FLORIDA CASE NO_ (insert case number…”
Cummings v. Giles (1989)
— 83.56(4) — 5 cases
INV. AND INCOME REALTY, INC. v. Bentley (1985)
“A landlord is statutorily authorized to terminate a rental agreement after a tenant fails to comply within three days to a written demand for payment of rent, § 83.56(3) Fla. Stat. (1983). Delivery of the landlord's demand is governed by section 83.”
Housing Authority v. Odumes (1984)
— 83.56(5) — 12 cases
Multach v. Adams (1982)
“In possible explanation we note that Section 83.56(5), Florida Statutes (1981), provides: (5) 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…”
McGuire v. Nelson (1980)
“In the first point, petitioner contended that the county court erred in failing to entertain one of petitioner's defenses which involved petitioner's interpretation of section 83.56(5), Florida Statutes (1979).”
INV. AND INCOME REALTY, INC. v. Bentley (1985)
“A landlord is statutorily authorized to terminate a rental agreement after a tenant fails to comply within three days to a written demand for payment of rent, § 83.56(3) Fla. Stat. (1983). Delivery of the landlord's demand is governed by section 83.”
Belkin v. Robinson (1989)
— 83.56(5)(a) — 1 case
— 83.56(5)(a)(3) — 2 cases
Stephens-Williams v. Johnson (2016)
— 83.56(a) — 1 case
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