Florida Statute 83.59 - Full Text and Legal Analysis

The 2025 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 CourtListener

Amendments to 83.59

Annotations, Discussions, Cases:

Cases Citing Statute 83.59

Total Results: 19

Toledo v. Escamilla

962 So. 2d 1028, 2007 WL 2254764

District Court of Appeal of Florida | Filed: Aug 8, 2007 | Docket: 480812

Cited 11 times | Published

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

Springbrook Commons, Ltd. v. Brown

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

District Court of Appeal of Florida | Filed: Jun 28, 2000 | Docket: 1299970

Cited 5 times | Published

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

DiMassimo v. City of Clearwater

805 F.2d 1536, 1986 WL 1167018

Court of Appeals for the Eleventh Circuit | Filed: Dec 19, 1986 | Docket: 66221423

Cited 5 times | Published

to sustain the instant action. Florida Statutes § 83.59(3)(a) provides that a landlord may only recover

Hoffman v. Ouellette

798 So. 2d 42, 2001 WL 1230816

District Court of Appeal of Florida | Filed: Oct 17, 2001 | Docket: 1244551

Cited 3 times | Published

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

Lane v. Brith

313 So. 2d 91

District Court of Appeal of Florida | Filed: May 9, 1975 | Docket: 1508443

Cited 3 times | Published

the action was brought under the provisions of § 83.59, F.S. 1973, for failure to vacate the premises

Mesnikoff v. Fq Backyard Trading, LLC

239 So. 3d 765

District Court of Appeal of Florida | Filed: Mar 7, 2018 | Docket: 6326605

Cited 1 times | Published

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

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

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

District Court of Appeal of Florida | Filed: Dec 21, 2016 | Docket: 4555832

Cited 1 times | Published

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

The Florida Bar v. Mickens

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

Supreme Court of Florida | Filed: Mar 19, 1987 | Docket: 1454997

Cited 1 times | Published

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

Yolani Castillo v. Radames Antonio Camacho Aldahondo

District Court of Appeal of Florida | Filed: Jun 27, 2025 | Docket: 70650228

Published

pleaded by Camacho in the eviction action, section 83.59, Florida Statutes (2022), authorizes the county

Nephatari P. Ford v. Princeton Groves FL Apartments

District Court of Appeal of Florida | Filed: May 7, 2025 | Docket: 70188177

Published

if the tenant fails to vacate the premises, section 83.59, Florida Statutes (2024) provides that “the

William Hefley and Aimee J. Hefley v. Christopher Holmquist

District Court of Appeal of Florida | Filed: Feb 6, 2025 | Docket: 69618869

Published

provide written notice of an intended absence. Id. § 83.59(3)(c). Despite abandoning the premises, the tenant

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

District Court of Appeal of Florida | Filed: Oct 30, 2024 | Docket: 69324029

Published

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

Cameron Jenkins v. Euclid, L.C.

District Court of Appeal of Florida | Filed: Apr 17, 2024 | Docket: 68444174

Published

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

District Court of Appeal of Florida | Filed: Mar 27, 2024 | Docket: 68380301

Published

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

ASHBIL D. GILL v. ALEXANDER PARVEZ

District Court of Appeal of Florida | Filed: Dec 15, 2021 | Docket: 61618235

Published

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

District Court of Appeal of Florida | Filed: Jul 7, 2021 | Docket: 60041121

Published

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

Borjas v. Vergara

District Court of Appeal of Florida | Filed: Oct 18, 2017 | Docket: 6171793

Published

3D17-1072 (Fla. 3d DCA May 9, 2017). 2 Pursuant to section 83.59, a landlord “is entitled to the summary procedure

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

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

Supreme Court of Florida | Filed: Oct 8, 1992 | Docket: 64670104

Published

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

Stein v. Hubbs

439 So. 2d 1005, 1983 Fla. App. LEXIS 22759

District Court of Appeal of Florida | Filed: Oct 27, 1983 | Docket: 64600311

Published

seeking eviction of a tenant may, pursuant to section 83.59(2), Florida Statutes (1981), use the summary