The 2023 Florida Statutes (including Special Session C)
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. . . an evidentiary hearing on her contention that the landlord’s three-day notice, required by section 83.56 . . .
. . . complaint for tenant eviction against tenant Joyce Noimbie, alleging nonpayment of rent pursuant to section 83.56 . . .
. . . H Soutli Dakota Nebraska Arkansas, W 149 73 49% 61 83.56% 107 53 50% 42 79.25% 191 79 41% 36 45.57% 57 . . . 6 211 80 38% 7.50% 86 40 47% 5.00% 75 25 33% 4.00% 219 64 29% 3,13% 43 18 42% 0.00% 606 177 83.56% 28.27% . . . A (Guam at 100%, N.D. of Florida at 86.96%, S.D. of Iowa at 83.56%, N.D. of Iowa at 79.25%, C.D. of Illinois . . .
. . . jury instruction, based on what trial counsel referenced as the “relevant portions” of sections 83.46, 83.56 . . . specific duration may be terminated by either party giving written notice in the manner provided in s. 83.56 . . .
. . . On February 11, 1997, the Equity IPE issued a Provisional Recommendation apportioning 83.56% of Dry Gas . . .
. . . Moreover, the Tenant never gave the Landlord the notice to cure required by section 83.56(1) which is . . . failure of the landlord to comply “with s. 83.51(1) or material provisions of the rental agreement.” § 83.56 . . .
. . . . § 83.56(5) (1999) (“If the landlord accepts rent with actual knowledge of a noncompliance by the tenant . . .
. . . SOURCE: Section 83.56(3) and (4), Florida Statutes (19952007). . . . circumstances where the Tenant must be given the opportunity to remedy the violation, see Florida Statutes 83.56 . . . and 83.56 Florida Statute (1995Statutes (2007). . . . SOURCE: Section-83£6, Sections 83.56 and 83.60, Florida Statutes (49852007). . . . [list non-compliance violations or default] This letter is sent to you pursuant to Florida Statute 83.56 . . .
. . . . § 83.56(3), Fla. Stat. (1995). . . .
. . . She argues that the eviction was predicated on a three-day notice that did not conform, to section 83.56 . . . assuming that the three-day notice failed to substantially comply with the requirements of section 83.56 . . .
. . . Bentley, 480 So.2d 219 (Fla. 5th DCA 1985), in which rule 1.090(e) was applied to a section 83.56(8) . . .
. . . The issue before this Court involves the construction of Florida Statute § 83.56(5) (1993) which governs . . . a waiver of the right to terminate the Lease under Paragraph 12 of the Lease and Florida Statute § 83.56 . . .
. . . which governs the relationship between landlords of tenants of commercial leases, Florida Statute § 83.56 . . . These provisions are codified, to some extent, by the default provision of the Florida Statute, § 83.56 . . . lease because the landlord did not comply with the three-day notice provision of Florida Statute § 83.56 . . .
. . . Section 83.56(2)(a), Florida Statutes (1989), authorizes a landlord to terminate a tenancy for “continued . . . Section 83.56(3), Florida Statutes (1989), makes nonpayment of rent the basis for termination, but only . . .
. . . the Plaintiffs have failed to plead compliance with the notice requirement of Florida Statute Section 83.56 . . .
. . . SOURCE: Section 83.56(3), Florida Statutes (1990). . . . all future rental payments: [list violations] This letter is sent to you pursuant to Florida Statute 83.56 . . . SOURCE: Section 83.56, Florida Statutes (1990). . . .
. . . jurisdictionally defective in that it does not substantially comply with the provisions of Florida Statutes § 83.56 . . . their payment cannot be properly demanded in a 3-Day Notice to pay rent or vacate the premises under § 83.56 . . . their payment cannot be properly demanded in a 3-day Notice to pay rent or vacate the premises under § 83.56 . . .
. . . specifically the date by which the defendant was required to tender rent or vacate as required by § 83.56 . . . defendant that the three day period excludes Saturdays, Sundays and legal holidays as required by § 83.56 . . . be allowed to file a new case upon meeting the necessary preconditions to a statutory action under § 83.56 . . .
. . . Fourth, the three-day notice was defective on its face under Florida Statute 83.56(3). . . . Section 83.56(a), Florida Statutes provides: “(3): If the tenant fails to pay rent when due and the default . . .
. . . Florida Statute 83.56(3) requires the Plaintiff, in its three-day notice, to state with specificity the . . .
. . . certain defects in the premises is entitled to be served with a written notice under Florida Statute 83.56 . . . Similarly Florida Statute 83.56(2)(b) requires a landlord as a condition precedent to bringing an eviction . . . In this instance, Florida Statute 83.56(1) provides: “(1) If the landlord materially fails to comply . . . The record is clear, however, that the appellees (tenants) did not comply with Florida Statute 83.56( . . . Under that circumstance notice under 83.56(1) is indeed unnecessary. . . .
. . . for residential eviction and past due rent because the three day letter served pursuant to section 83.56 . . . admonition that “[t]he 3-day notice shall contain a statement in substantially” the form stated. § 83.56 . . . a cash payment for back rent owed in the mandatory three (3) day notice pursuant to Florida Statute 83.56 . . . rather untenable result which I don’t believe was intended by the legislature when it enacted F.S. 83.56 . . . notice requiring that payment be made in cash is in substantial compliance with the intent of F.S. 83.56 . . .
. . . The first paragraph of the notice tracked the statutory language of section 83.56(3), Florida Statutes . . . Section 83.56(3), Florida Statutes (1989) provides for a 3 day notice before a landlord may terminate . . . The notice required by section 83.56(3) is set forth in the statute. . . .
. . . written demand for payment or possession substantially in the form dictated by Florida Stautes Section 83.56 . . . seeks to terminate the tenancy if rent is not paid, in contravention of both Florida Statutes Section 83.56 . . .
. . . written demand for payment or possession substantially in the form dictated by Florida Statutes Section 83.56 . . . seeks to terminate the tenancy if rent is not paid, in contravention of both Florida Statutes Section 83.56 . . .
. . . tenant a written demand for payment of the rent or possession of the premises in accordance with F.S. 83.56 . . .
. . . tenant a written demand for payment of the rent or possession of the premises in accordance with F.S. 83.56 . . .
. . . three day notice was not in substantial compliance with the statutory form required by Florida Statute 83.56 . . . A provision for cash payment is not a requirement of Florida Statute 83.56(3). . . . a cash payment for back rent owed in the mandatory three (3) day notice pursuant to Florida Statute 83.56 . . . rather untenable result which I don’t believe was intended by the legislature when it enacted F.S. 83.56 . . . S. 83.56(3). . . .
. . . the alleged noncompliance by the tenant and thus waived his right to bring an eviction action under 83.56 . . .
. . . tenant a written demand for payment of the rent .or possession of the premises in accordance with § 83.56 . . .
. . . Plaintiffs’ Complaint fails to state a cause of action in that the prerequisite notice required by § 83.56 . . .
. . . “rent” due under Florida Law and therefore fails to substantially comply with Sections 83.43(6) and 83.56 . . . that the appropriate means of collecting retroactive rent, under state law was pursuant to section 83.56 . . .
. . . jurisdictionally defective in that it fails to substantially comply with the requirements of Section 83.56 . . . A notice in substantial compliance with Section 83.56(3), Florida Statutes, is a condition precedent . . . right to remain on the premises if the rent due and requested is timely paid, as is required by Section 83.56 . . . Thus Plaintiff’s notice fails to substantially comply with the requirements of Section 83.56(3), Florida . . .
. . . Procedure applies to the delivery of the notice to pay rent or vacate which is mailed under section 83.56 . . .
. . . specifically state the date on which the defendant was required to tender the rent as required by § 83.56 . . . The plaintiff has argued that the requirements of § 83.56(3) do not apply because the plaintiff is governed . . . be allowed to file a new case upon meeting the necessary preconditions to a statutory action under § 83.56 . . .
. . . . § 83.56(1), provide the landlord with written notice of non-compliance and indicate an intention to . . . judgment for the landlord as the tenant failed to cure his arrears within the 3 days prescribed by F.S. § 83.56 . . . The landlord may, pursuant to Florida Statute § 83.56(3), terminate the rental agreement if default continues . . .
. . . specifically state the date on which the defendant was required to tender the rent as required by § 83.56 . . . The plaintiff has argued that the requirements of § 83.56(3) do not apply because plaintiff is governed . . . be allowed to file a new case upon meeting the necessary preconditions to a statutory action under § 83.56 . . .
. . . The notice has failed to comply with section 83.56(3), Florida Statutes, in that it included charges . . . includes late fees is not sufficient to terminate a tenancy for non-payment of rent, pursuant to section 83.56 . . . defective because late fees are not considered rent and thus the notice failed to comply with section 83.56 . . .
. . . Plaintiffs Complaint for Tenant Eviction based upon waiver of right to an eviction pursuant to section 83.56 . . . Chapter 83, Florida Statutes, specifically section 83.56(5), gov-ems this proceeding since the issue . . . For the purposes, of section 83.56(5), Florida Statutes, receipt of all rent owing without payment of . . . To avoid the consequences of the waiver statute (section 83.56(5), Florida Statutes), rent monies must . . . November 16, 1989, rent check in the amount of $227.00 constitutes a waiver for the purposes of section 83.56 . . .
. . . (See Florida Statutes § 83.56(3) and § 83.56(4)). 6. . . .
. . . — specifically, on July 19, 1989 — and that Plaintiff should have been barred by Florida Statutes § 83.56 . . . While it is true that Florida Statutes § 83.56(5) provides that a landlord who accepts rent with actual . . .
. . . . § 83.56(3) in that: a. . . . The Defendants relied on the second notice dated April 5, 1989, which notice must comply with F.S. § 83.56 . . .
. . . amount of overdue rent and a choice of paying that amount or vacating the premises as required by § 83.56 . . .
. . . I agree with the majority opinion that section 83.56 does not apply to this lawsuit either, because it . . . 396 (Fla. 5th DCA 1980), rev. denied, 392 So.2d 1377 (Fla.1981), and cases cited therein. .Section 83.56 . . . , Florida Statutes (1985) states: 83.56 Remedies; termination of rental agreement. ****** (2) If the . . .
. . . the end of a lease term for a material noncompliance must also adhere to the provisions of Chapter 83.56 . . . That the Plaintiff failed to comply with Chapter 83.56 in that the termination notice attached to the . . .
. . . acceptance of rent from the Department of Housing and Urban Development constitutes a waiver under § 83.56 . . . Section 83.56(5) of the Act provides: If a landlord accepts rent with actual knowledge of a noncompliance . . . In the case at bar, the landlord waived its right to evict the tenant, pursuant to § 83.56(5), Fla. . . . behalf of a tenant constitutes a waiver of his right to terminate Defendant’s subsidized tenancy under § 83.56 . . .
. . . that Plaintiff’s notice was defective and not in substantial compliance with Florida Statutes Chapter 83.56 . . . Complaint where Plaintiffs notice to pay was not in substantial compliance with Florida Statutes Chapter 83.56 . . .
. . . Florida Statutes, Section 83.56, and federal regulations, 24 CFR 966.4(L), require that a tenant receive . . .
. . . See Sec. 83.56(5), Fla. Stat. (1985). . . .
. . . Defendant served a seven-day notice on plaintiff pursuant to sections 83.56(1) and 83.60(1). 5. . . .
. . . Florida statute 83.56(1) permits a tenant to withhold rent if the landlord fails to comply with Florida . . . Stat. 83.56 if a landlord makes a good faith, but unsuccessful effort, to make the necessary repairs . . . Stat. 83.56(5) see also K.D. Lewis Enterprises v Smith, 445 So.2d 1032 (Fla. 5th DCA 1984) Mr. . . . Stat. 83.56(1) Fla. Stat. 83.56(3) Fla. Stat. 83.59 Fla. . . . Stat. 83.56(5) holds a tenant who pays rent with actual knowledge of a noncompliance waives his right . . .
. . . was duly notified of her arrears by a fourteen day notice to pay or vacate possession pursuant to § 83.56 . . . the trial judge, specifically stating he was adhering to a strict construction of the provision of § 83.56 . . .
. . . applies to the delivery of the notice to pay rent or vacate that is mailed under the authority of section 83.56 . . .
. . . acceptance of rent from the Department of Housing and Urban Development constitutes a waiver under § 83.56 . . . Section 83.56(5) of the Act provides: If a landlord accepts rent with actual knowledge of a non-compliance . . . In the case at bar, the landlord waived its right to evict the tenant, pursuant to § 83.56(5), Florida . . . CONCLUSION This Court rules that acceptance of HUD rental payments constitutes a waiver under Sec. 83.56 . . .
. . . vested in the trial court by virtue of the Appellee’s failure to comply with the requirements of Section 83.56 . . .
. . . Section 83.56(3) (1985). . . . Chapter 83.56(3), Florida Statutes (1985), provides that the landlord may terminate a lease for nonpayment . . . Section 83.56(3) (1985). . . .
. . . Rather, Section 83.56(3) introduces the form with the language that the “3-day notice shall contain a . . . The predecessor statute to Section 83.56 (Section 5399, Compiled General Laws of Florida 1927) did not . . . Because Section 83.56 amounts to a modification of the common law rule, Baker cannot be read as construing . . . following issue raised in Defendant’s Motion to Dismiss as being of great public importance: Does Section 83.56 . . .
. . . which applies to delivery of notice by mail, extended the three day notice period required by sections 83.56 . . . delivery of the notice to pay rent or vacate that is mailed under the authority of Florida Statute 83.56 . . . agreement after a tenant fails to comply within three days to a written demand for payment of rent, § 83.56 . . . Delivery of the landlord’s demand is governed by section 83.56(4), Florida Statutes (1983), which provides . . . We decline to answer the second certified question as to whether section 83.56(5), Florida Statutes ( . . .
. . . did not properly terminate their lease because they failed to give the notice required under Section 83.56 . . . Defendants’ failure to comply with the notice provisions of Section 83.56 prevents them from raising . . .
. . . Stat. 83.56(2)(b). . . . STAT. 83.56(5)? . . . Stat. 83.56(5) “If a landlord accepts rent without actual knowledge of a noncompliance by the tenant . . . Stat. 83.56(5) was passed in 1973 prior to the implementation of the Section 8 subsidy program. . . . Stat. 83.56(5). . . .
. . . Section 83.56, F.S. provides for a three day written notice for nonpayment of rent. . . . Section 4 of F.S. 83.56 provides for the delivery of a true copy thereof. . . . (F.S. 83.56(3) Hunt v. Hiland, 366 So.2d 2742. . . . The Court finds that the notice mailed by the plaintiff failed to comply with $83.56(3)(4), F.S. and . . .
. . . Issue 2 Does the landlord’s Notice comply with the notice requirements in Florida Statute 83.56(2)(b) . . . According to F.S. 83.56(2)(b) a landlord’s notice is adequate if it substantially contains the following . . . The court agrees with Judge Halker’s decision that the purpose of Florida Statute 83.56(2)(b) is to warn . . . that is the standard at common law, the legislature only requires substantial compliance with F.S. 83.56 . . . Stat. 83.56(2)(b) for the occurrence which took place on November 29th. . . .
. . . Stat. 83.56(1) of intent to terminate to rental agreement by reason of the Plaintiff’s failure to make . . . participated in a tenants’ organization; or (c) The tenant has complained to the landlord pursuant to s. 83.56 . . . Stat. 83.56(1) are protected. . . . Stat. 83.56. See K.D. Lewis Enterprises Corp. v. Smith, 445 So.2d 1032 (Fla. 5th DCA 1964). . . .
. . . Although Florida Statutes 83.56(4) permits delivery of the 3-day notice under Florida Statute 83.56(3 . . . Stat. 83.56(5) or indeed of any provision of the Landlord-Tenant Act. . . . Stat. 83.56(3) as well as Rule 1.090(a). . . . Stat. 83.56(2). . . . Stat. 83.56, including the failure to pay rent in subsection (3). . . .
. . . Florida Statute 83.56(2) (1983) provides: (2) If the tenant materially fails to comply with s. 83.52 . . . The Court holds, however, that under Florida Statute 83.56(2) (1983) a rental agreement may not be terminated . . . written warning of the prior noncompliance is in substantially the form set forth in Florida Statute 83.56 . . . Prior to 1983, Florida Statute 83.56(2) did not provide for termination of the rental agreement for noncompliance . . . noncompliance served on the Defendant in this case does not comply with the notice required by Florida Statute 83.56 . . .
. . . Florida Statutes 83.56(5). . . .
. . . Florida law at F.S. 83.56(4) only allows posting of notices when the tenant is absent from his usual . . .
. . . have elapsed after the delivery of written notice by the tenant to the landlord as prescribed in s.83.56 . . . would grant a directed verdict to certain issues regarding the requirements of notice under section 83.56 . . . for diminishment in the value of the premises, it is necessary for the tenant to comply with section 83.56 . . . To accept the tenants’ argument that the notice under section 83.56 is not required because they framed . . .
. . . failed to make all necessary repairs within the alloted seven (7) days as required by Florida Statute 83.56 . . . CONCLUSIONS OF LAW Florida Statute 83.56(1) fails to specify whether a tenant is permitted a send a seven . . . Florida Statute 83.56(5) makes clear that if the tenant does pay rent, he waives his right to complain . . .
. . . appellant to be affected by an eviction proceeding proper notice must be given pursuant to Chapter 83.56 . . . Condominium Association which the appellant’s behavior and failed to comply with the provisions of Chapter 83.56 . . .
. . . Florida Statute 83.56(5). . . . However, the landlord failed to raise Florida Statute 83.56(5) as an affirmative defense and hence, it . . . off” for future rent constitutes a “civil action for noncompliance” for purposes of Florida Statute 83.56 . . .
. . . The notice requirements to evict for non-payment of rent are set forth at Florida Statutes 83.56(3). . . . The landlord’s remedy for eviction would thus fall under Florida Statute 83.56(2) not 83.56(3). . . .
. . . sufficient to terminate a residential tenancy for non-payment of rent pursuant to Florida Statutes Section 83.56 . . . their payment cannot properly be demanded in a 3-day notice to pay or vacate the premises under Section 83.56 . . .
. . . Section 83.56(5), Florida Statutes (1979): [I]f the tenant pays rent with actual knowledge of a noncompliance . . .
. . . Florida Statute §83.56(3). . . .
. . . have elapsed after the delivery of written notice by the tenant to the landlord as prescribed in § 83.56 . . .
. . . were developed for irrigation, so that at the time of trial in 1961, 250 acres were irrigated, and 83.56 . . .