Florida Statute 83.59 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 83
LANDLORD AND TENANT

View Entire Chapter

F.S. 83.59

83.59 Right of action for possession.—

(1) If the rental agreement is terminated and the tenant does not vacate the premises, the landlord may recover possession of the dwelling unit as provided in this section.

(2) A landlord, the landlord’s attorney, or the landlord’s agent, applying for the removal of a tenant, shall file in the county court of the county where the premises are situated a complaint describing the dwelling unit and stating the facts that authorize its recovery. A landlord’s agent is not permitted to take any action other than the initial filing of the complaint, unless the landlord’s agent is an attorney. The landlord is entitled to the summary procedure provided in s. 51.011, and the court shall advance the cause on the calendar.

(3) The landlord shall not recover possession of a dwelling unit except:

(a) In an action for possession under subsection (2) or other civil action in which the issue of right of possession is determined;

(b) When the tenant has surrendered possession of the dwelling unit to the landlord;

(c) When the tenant has abandoned the dwelling unit. In the absence of actual knowledge of abandonment, it shall be presumed that the tenant has abandoned the dwelling unit if he or she is absent from the premises for a period of time equal to one-half the time for periodic rental payments. However, this presumption does not apply if the rent is current or the tenant has notified the landlord, in writing, of an intended absence; or

(d) When the last remaining tenant of a dwelling unit is deceased, personal property remains on the premises, rent is unpaid, at least 60 days have elapsed following the date of death, and the landlord has not been notified in writing of the existence of a probate estate or of the name and address of a personal representative. This paragraph does not apply to a dwelling unit used in connection with a federally administered or regulated housing program, including programs under s. 202, s. 221(d)(3) and (4), s. 236, or s. 8 of the National Housing Act, as amended.

(4) The prevailing party is entitled to have judgment for costs and execution therefor.

History.—s. 2, ch. 73-330; s. 1, ch. 74-146; s. 24, ch. 82-66; s. 1, ch. 92-36; s. 447, ch. 95-147; s. 1, ch. 2007-136; s. 11, ch. 2013-136.

F.S. 83.59 on Google Scholar

F.S. 83.59 on Casetext

Amendments to 83.59

Arrestable Offenses / Crimes under Fla. Stat. 83.59

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 83.59.

Annotations, Discussions, Cases:

Cases Citing Statute 83.59

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: possession of residential property under section 83.59. See AGM Invs., LLC, 219 So. 3d at 925. "Conduct

Cameron Jenkins v. Euclid, L.C.

Court: District Court of Appeal of Florida | Date Filed: 2024-04-17

Snippet: 011, Fla. Stat. (2022) (Summary Procedure) and § 83.59(2), Fla. Stat. (2022) (Right of Action for Possession);

Ian H. Kaufman v. High Seas, LLC

Court: District Court of Appeal of Florida | Date Filed: 2024-03-27

Snippet: brought a suit for possession, pursuant to section 83.59, Florida Statutes (2022). Section 83.60 provides

JENIYA NEMANI v. NASSER SACHMECHI

Court: District Court of Appeal of Florida | Date Filed: 2022-03-02

Snippet: v. Tr. Mortg., LLC, 238 So. 3d 26.012(2)(f), 83.59(2), Fla. Stat. (2006)); see also Pro-Art Dental

ASHBIL D. GILL v. ALEXANDER PARVEZ

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

Snippet: complaint against the Gills, seeking eviction. See § 83.59(2), Fla. Stat. (2020) (“A landlord, the landlord’s

GOLDEN CAPE OF FLORIDA, INC. v. PATRICIA LYNN PEREZ DE OSPINA

Court: District Court of Appeal of Florida | Date Filed: 2021-07-07

Snippet: jurisdiction in cases involving ejectment); § 83.59(2), Fla. Stat. (providing for county courts'

GINA NUGENT v. ANNE- LAURE MICHELIS

Court: District Court of Appeal of Florida | Date Filed: 2021-03-10

Snippet: last remaining tenant in accordance with s. 83.59(3)(d), or a lawful eviction. § 83.67(5), Fla. Stat

Mesnikoff v. Fq Backyard Trading, LLC

Court: District Court of Appeal of Florida | Date Filed: 2018-03-07

Citation: 239 So. 3d 765

Snippet: complaint a second count for possession under section 83.59(1) of the Act, which it did not, we would nonetheless

Borjas v. Vergara

Court: District Court of Appeal of Florida | Date Filed: 2017-10-18

Snippet: motion for an expedited trial pursuant to sections 83.59 and 51.011, Florida Statutes, and entered the Final

Housing Opportunities Project for Excellence, Inc. v. Spv Realty, Lc

Court: District Court of Appeal of Florida | Date Filed: 2016-12-21

Citation: 212 So. 3d 419, 2016 Fla. App. LEXIS 18680

Snippet: administrative remedies. See Ch. 51, Fla. Stat., and § 83.59(2), Fla. Stat. (2016). There is neither logic nor

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: a defense to an action for possession under s. 83.59. (d) This subsection shall not apply to a mobile

Ward v. Estate of Ward

Court: District Court of Appeal of Florida | Date Filed: 2008-12-24

Citation: 1 So. 3d 238, 2008 Fla. App. LEXIS 19562, 2008 WL 5391919

Snippet: jurisdiction in ejectment actions. See §§ 26.012(2)(f), 83.59(2), Fla. Stat. (2006) (providing, respectively,

Toledo v. Escamilla

Court: District Court of Appeal of Florida | Date Filed: 2007-08-08

Citation: 962 So. 2d 1028, 2007 WL 2254764

Snippet: tenant from its premises. Specifically, section 83.59(2), Florida Statutes (2004), provides in part: A

Hoffman v. Ouellette

Court: District Court of Appeal of Florida | Date Filed: 2001-10-17

Citation: 798 So. 2d 42, 2001 WL 1230816

Snippet: as a result of an automobile accident. Section 83.59 of the Quebec Automobile Insurance Act provides:

Springbrook Commons, Ltd. v. Brown

Court: District Court of Appeal of Florida | Date Filed: 2000-06-28

Citation: 761 So. 2d 1192, 2000 Fla. App. LEXIS 8078, 2000 WL 827322

Snippet: We reject the landlord's argument that section 83.59(4), Florida Statutes (1999), which provides that

Ago

Court: Florida Attorney General Reports | Date Filed: 1995-04-03

Snippet: 36(5)(e), Fla. Stat. 7 See, Op. Att'y Gen. Fla. 83-59 wherein it is stated that "[s]ection 4(f) of the

Florida Bar re Advisory Opinion—Nonlawyer Preparation of & Representation of Landlord in Uncontested Residential Evictions

Court: Supreme Court of Florida | Date Filed: 1992-10-08

Citation: 605 So. 2d 868, 17 Fla. L. Weekly Supp. 609, 1992 Fla. LEXIS 1635, 1992 WL 275896

Snippet: supplemental authority a recent amendment to section 83.59(2), Florida Statutes (1991), that purports to authorize

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: dwelling unit in the manner provided for in s. 83.59 [F.S. 1973]. The landlord may also recover double

The Florida Bar v. Mickens

Court: Supreme Court of Florida | Date Filed: 1987-03-19

Citation: 505 So. 2d 1319, 12 Fla. L. Weekly 141

Snippet: only addresses actions filed by the landlord, § 83.59(2), Florida Statutes, may be construed as excluding

Ago

Court: Florida Attorney General Reports | Date Filed: 1984-10-22

Snippet: 436 So.2d 299 (5 D.C.A.Fla., 1983); accord: AGO's 83-59, 84-42, 84-51. Further, any determination of a conflict