|
|
The 2025 Florida Statutes
|
|
|
|
|
F.S. 83.5683.56 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.
| |
Annotations, Discussions, Cases:
Cases Citing Statute 83.56
Total Results: 31
792 F. Supp. 1566, 1992 U.S. Dist. LEXIS 7366, 1992 WL 152239
District Court, S.D. Florida | Filed: May 26, 1992 | Docket: 1496566
Cited 29 times | Published
with the notice requirement of Florida Statute Section 83.56(1). Both arguments, however, are without merit
445 So. 2d 1032
District Court of Appeal of Florida | Filed: Jan 5, 1984 | Docket: 1685627
Cited 18 times | Published
regarding the requirements of notice under section 83.56(1), Florida Statutes (1981), counsel for the
172 B.R. 114, 8 Fla. L. Weekly Fed. B 176, 1994 Bankr. LEXIS 1473, 1994 WL 518932
United States Bankruptcy Court, M.D. Florida | Filed: Aug 2, 1994 | Docket: 1868407
Cited 9 times | Published
tenants of commercial leases, Florida Statute § 83.56.
The facts as established by the evidence are basically
368 So. 2d 645
District Court of Appeal of Florida | Filed: Mar 20, 1979 | Docket: 1389259
Cited 8 times | Published
rent caused by the landlord's noncompliance. Section 83.56(1). The Florida Residential Landlord and Tenant
604 So. 2d 496, 1992 WL 126576
District Court of Appeal of Florida | Filed: Jun 11, 1992 | Docket: 1686524
Cited 7 times | Published
terminate a tenancy without prior written notice. Section 83.56(2)(a), Florida Statutes (1989), authorizes a
705 So. 2d 113, 1998 WL 17649
District Court of Appeal of Florida | Filed: Jan 21, 1998 | Docket: 1582242
Cited 4 times | Published
a three-day notice that did not conform to section 83.56(3), Florida Statutes (1995). That statute provides
480 So. 2d 219, 11 Fla. L. Weekly 61, 1985 Fla. App. LEXIS 5940
District Court of Appeal of Florida | Filed: Dec 26, 1985 | Docket: 1667441
Cited 3 times | Published
vacate that is mailed under the authority of Florida Statute 83.56(3)?
We agree with the trial court and answer
126 So. 3d 1221, 2012 WL 5232231, 2012 Fla. App. LEXIS 18503
District Court of Appeal of Florida | Filed: Oct 24, 2012 | Docket: 60236269
Cited 2 times | Published
the Landlord the notice to cure required by section 83.56(1) which is a precondition to the tenant’s ability
460 B.R. 328
United States Bankruptcy Court, S.D. Florida. | Filed: Nov 17, 2011 | Docket: 2072834
Cited 2 times | Published
rise to a waiver of such right. See Fla. Stat. § 83.56(5) (1999) ("If the landlord accepts rent with actual
703 So. 2d 538, 1997 Fla. App. LEXIS 14517, 1997 WL 795671
District Court of Appeal of Florida | Filed: Dec 31, 1997 | Docket: 1349084
Cited 2 times | Published
1985), in which rule 1.090(e) was applied to a section 83.56(3) notice to pay rent or vacate that the landlord
542 So. 2d 371, 1989 WL 25353
District Court of Appeal of Florida | Filed: Mar 23, 1989 | Docket: 1515827
Cited 2 times | Published
applicable. I agree with the majority opinion that section 83.56[5] does not apply *376 to this lawsuit either
418 So. 2d 1254
District Court of Appeal of Florida | Filed: Sep 8, 1982 | Docket: 1288879
Cited 2 times | Published
waiver. In possible explanation we note that Section 83.56(5), Florida Statutes (1981), provides:
(5) If
388 So. 2d 42
District Court of Appeal of Florida | Filed: Sep 24, 1980 | Docket: 2584114
Cited 2 times | Published
which involved petitioner's interpretation of section 83.56(5), Florida Statutes (1979). In the second point
District Court of Appeal of Florida | Filed: May 7, 2025 | Docket: 70188177
Published
without first conducting a hearing.
Section 83.56, Florida Statutes (2024), provides various rights
District Court of Appeal of Florida | Filed: May 2, 2025 | Docket: 70053911
Published
eviction notice on the tenant's
front door. See § 83.56(4), Fla. Stat. (2022) (providing for the delivery
District Court of Appeal of Florida | Filed: Apr 17, 2025 | Docket: 69905068
Published
provided Mikes with a written warning under section 83.56(2)(a), Florida
Statutes (2021), I would reverse
District Court of Appeal of Florida | Filed: Oct 30, 2024 | Docket: 69324029
Published
terminating the rental agreement pursuant to
section 83.56(3). Section 83.56 governs the termination of rental
agreements
District Court of Appeal of Florida | Filed: Jul 31, 2024 | Docket: 68999072
Published
under the lease, despite this noncompliance. See § 83.56(5)(a),
Fla. Stat. (“If the landlord accepts rent
District Court of Appeal of Florida | Filed: Apr 24, 2024 | Docket: 68465997
Published
issued a notice
invoking the provisions of section 83.56(3), Florida Statutes (2023),
informing Tenant
District Court of Appeal of Florida | Filed: Dec 15, 2021 | Docket: 61618235
Published
waiver of the tenant’s defenses other than
1
Section 83.56(2)(a), Fla. Stat. (2020), explains that when
District Court of Appeal of Florida | Filed: May 19, 2021 | Docket: 59917980
Published
giving Quevedo
three-day notice pursuant to section 83.56(3), Florida Statutes (2019), was
personally
181 So. 3d 577, 2016 Fla. App. LEXIS 245, 2016 WL 65498
District Court of Appeal of Florida | Filed: Jan 6, 2016 | Docket: 60252604
Published
the landlord’s three-day notice, required by section 83.56(5)(a)(3), Florida Statutes (2014), was flawed
District Court of Appeal of Florida | Filed: Jan 6, 2016 | Docket: 3026048
Published
the landlord’s three-day notice,
required by section 83.56(5)(a)(3), Florida Statutes (2014), was flawed
137 So. 3d 606, 2014 WL 1795643, 2014 Fla. App. LEXIS 6721
District Court of Appeal of Florida | Filed: May 7, 2014 | Docket: 60240388
Published
Noimbie, alleging nonpayment of rent pursuant to section 83.56(3), Florida Statutes (2011). The three-day notice
50 So. 3d 503, 35 Fla. L. Weekly Supp. 216, 2010 Fla. LEXIS 568, 2010 WL 1488111
Supreme Court of Florida | Filed: Apr 15, 2010 | Docket: 60297315
Published
three days and should be reviewed.
SOURCE: Section 83.56(3) and (4), Florida Statutes (19952007).
FORM
705 So. 2d 1043, 1998 Fla. App. LEXIS 1129, 1998 WL 51584
District Court of Appeal of Florida | Filed: Feb 11, 1998 | Docket: 64778838
Published
notice necessary to terminate the rental agreement. § 83.56(3), Fla. Stat. (1995). The only record notice as
195 B.R. 502, 9 Fla. L. Weekly Fed. B 386, 1996 Bankr. LEXIS 531, 1996 WL 268089
United States Bankruptcy Court, M.D. Florida | Filed: Jan 17, 1996 | Docket: 65781334
Published
Court involves the construction of Florida Statute § 83.56(5) (1993) which governs the remedies and termination
591 So. 2d 594, 16 Fla. L. Weekly Supp. 765, 1991 Fla. LEXIS 2134, 1991 WL 258213
Supreme Court of Florida | Filed: Dec 5, 1991 | Docket: 64664291
Published
tenant or to recover past due rent.
SOURCE: Section 83.56(3), Florida Statutes (1990).
NOTICE FROM LANDLORD
591 So. 2d 594, 16 Fla. L. Weekly Supp. 765, 1991 Fla. LEXIS 2134, 1991 WL 258213
Supreme Court of Florida | Filed: Dec 5, 1991 | Docket: 64664291
Published
tenant or to recover past due rent.
SOURCE: Section 83.56(3), Florida Statutes (1990).
NOTICE FROM LANDLORD
575 So. 2d 1367, 1991 Fla. App. LEXIS 2151, 1991 WL 31836
District Court of Appeal of Florida | Filed: Mar 12, 1991 | Docket: 64657062
Published
because the three day letter1 served pursuant to section 83.56(3), Florida Statutes (1989), incorporated a
384 So. 2d 704, 1980 Fla. App. LEXIS 16885
District Court of Appeal of Florida | Filed: May 30, 1980 | Docket: 64576564
Published
but I couldn’t say it and tell the truth.
. Section 83.56(5), Florida Statutes (1979):
[I]f the tenant
