Florida Statute 83.60 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 83
LANDLORD AND TENANT

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F.S. 83.60

83.60 Defenses to action for rent or possession; procedure.—

(1)(a) In an action by the landlord for possession of a dwelling unit based upon nonpayment of rent or in an action by the landlord under s. 83.55 seeking to recover unpaid rent, the tenant may defend upon the ground of a material noncompliance with s. 83.51(1), or may raise any other defense, whether legal or equitable, that he or she may have, including the defense of retaliatory conduct in accordance with s. 83.64. The landlord must be given an opportunity to cure a deficiency in a notice or in the pleadings before dismissal of the action.

(b) The defense of a material noncompliance with s. 83.51(1) may be raised by the tenant if 7 days have elapsed after the delivery of written notice by the tenant to the landlord, specifying the noncompliance and indicating the intention of the tenant not to pay rent by reason thereof. Such notice by the tenant may be given to the landlord, the landlord’s representative as designated pursuant to s. 83.50, a resident manager, or the person or entity who collects the rent on behalf of the landlord. A material noncompliance with s. 83.51(1) by the landlord is a complete defense to an action for possession based upon nonpayment of rent, and, upon hearing, the court or the jury, as the case may be, shall determine the amount, if any, by which the rent is to be reduced to reflect the diminution in value of the dwelling unit during the period of noncompliance with s. 83.51(1). After consideration of all other relevant issues, the court shall enter appropriate judgment.

(2) In an action by the landlord for possession of a dwelling unit, if the tenant interposes any defense other than payment, including, but not limited to, the defense of a defective 3-day notice, the tenant shall pay into the registry of the court the accrued rent as alleged in the complaint or as determined by the court and the rent that accrues during the pendency of the proceeding, when due. The clerk shall notify the tenant of such requirement in the summons. Failure of the tenant to pay the rent into the registry of the court or to file a motion to determine the amount of rent to be paid into the registry within 5 days, excluding Saturdays, Sundays, and legal holidays, after the date of service of process constitutes an absolute waiver of the tenant’s defenses other than payment, and the landlord is entitled to an immediate default judgment for removal of the tenant with a writ of possession to issue without further notice or hearing thereon. If a motion to determine rent is filed, documentation in support of the allegation that the rent as alleged in the complaint is in error is required. Public housing tenants or tenants receiving rent subsidies are required to deposit only that portion of the full rent for which they are responsible pursuant to the federal, state, or local program in which they are participating.

History.—s. 2, ch. 73-330; s. 7, ch. 83-151; s. 7, ch. 87-195; s. 7, ch. 93-255; s. 7, ch. 94-170; s. 1374, ch. 95-147; s. 12, ch. 2013-136.

F.S. 83.60 on Google Scholar

F.S. 83.60 on Casetext

Amendments to 83.60

Arrestable Offenses / Crimes under Fla. Stat. 83.60

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 83.60.

Annotations, Discussions, Cases:

Cases Citing Statute 83.60

Total Results: 20

Sergej Tews v. Trade Music International LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2024-11-06T00:00:00-08:00

Snippet: BOKOR, JJ. PER CURIAM. Affirmed. See § 83.60(2), Fla. Stat. (2024) (“In an action by the landlord

Colby v. Zicarelli

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-21T00:00:00-07:00

Snippet: . State, 4 So. 3d 614, 629 (Fla. 2009). Section 83.60(2), Florida Statutes, states in relevant part,

Colby v. Zicarelli

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-21T00:00:00-07:00

Snippet: . State, 4 So. 3d 614, 629 (Fla. 2009). Section 83.60(2), Florida Statutes, states in relevant part,

Colby v. Zicarelli

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-21T00:00:00-07:00

Snippet: . State, 4 So. 3d 614, 629 (Fla. 2009). Section 83.60(2), Florida Statutes, states in relevant part,

Colby v. Zicarelli

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-21T00:00:00-07:00

Snippet: . State, 4 So. 3d 614, 629 (Fla. 2009). Section 83.60(2), Florida Statutes, states in relevant part,

Lilia Belkova Russo v. Zachary Kite and Brittney Kite

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-14T00:00:00-07:00

Snippet: ruling on the Kites’ motion to determine rent. See § 83.60(2), Fla. Stat. Russo opposed the Kites’ motion in

Sharon Muscella v. Glen Johnson a/k/a Glenderick Johnson and Penelope A. Johnson

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-03T00:00:00-07:00

Snippet: determine the amount of rent as required by section 83.60(2), Florida Statutes (2023). We reverse. It…45 So. 3d 37, 39 (Fla. 4th DCA 2010); see also § 83.60(2), Fla. Stat. (2023) (“Failure of the tenant to

ALICIA M. JOERGER AND SHANNON M. MAHON v. LAKE ALFRED PLACE LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2024-06-03T00:00:00-07:00

Snippet: rent, attaching supporting documentation. See § 83.60(2), Fla. Stat. (2022). Landlord then moved… judgment in Landlord’s favor. Section 83.60(2)’s requirements are at issue, and we review de…may raise any legal or equitable defense. See § 83.60(1)(a). But if tenants raise any defense other than…during the pendency of the proceeding, when due.” § 83.60(2). Failure to make this deposit into the trial

ALICIA M. JOERGER AND SHANNON M. MAHON v. LAKE ALFRED PLACE LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2024-04-26T00:00:00-07:00

Snippet: rent, attaching supporting documentation. See § 83.60(2), Fla. Stat. (2022). Lender then moved… judgment in Landlord’s favor. Section 83.60(2)’s requirements are at issue, and we review de…may raise any legal or equitable defense. See § 83.60(1)(a). But if tenants raise any defense other than…during the pendency of the proceeding, when due.” § 83.60(2). Failure to make this deposit into the trial

Alisha Price v. Reza Torkaman

Court: Fla. Dist. Ct. App. | Date Filed: 2024-04-24T00:00:00-07:00

Snippet: rent at issue into the registry of the court. § 83.60(2), Fla. Stat. (2023). In this case, Tenant timely

Ian H. Kaufman v. High Seas, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2024-03-27T00:00:00-07:00

Snippet: is required . . . . § 83.60(2), Fla. Stat. (2022). “Section 83.60(2) is not discretionary; it…default final judgment of eviction, citing section 83.60(2), Florida Statutes (2022), and asserting that …section 83.59, Florida Statutes (2022). Section 83.60 provides that a defendant in a suit for possession…retaliatory conduct in accordance with 83.64.” § 83.60(1)(a), Fla. Stat. (2022). However: [I]f the…payment.”). [T]o give effect to [section 83.60(2)], when a tenant facing eviction raises

T.G. UNITED, INC., AND MENTAL TOUGHNESS TRAINING CENTER, LLC vs AADD PROPERTIES, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2023-09-22T00:00:00-07:00

Snippet: the parallel statute for residential tenancies, § 83.60(2), Fla. Stat. (1981). The K.D. landlord had “moved

Shannon Rose v. The Gallery on the River, LLC, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2023-09-06T00:00:00-07:00

Snippet: proceeding, when due.” (emphasis added) (quoting § 83.60(2), Fla. Stat. (2022))); 1560-1568 Drexel Ave., …320 So. 3d 965, 969 (Fla. 3d DCA 2021) (“Section 83.60(2) is not discretionary; it compels a tenant defending

BRIDGE GOLDE v. JUAN SANTANA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-08-30T00:00:00-07:00

Snippet: , JJ. PER CURIAM. Affirmed. See § 83.60(2), Fla. Stat. (2022) (“In an action by the landlord…320 So. 3d 965, 969 (Fla. 3d DCA 2021) (“Section 83.60(2) is not discretionary; it compels a tenant defending

DANIELLE JAPPA v. MASTER LESSEE MEZZO, LLC D/ B/ A MEZZO OF TAMPA PALMS APARTMENTS

Court: Fla. Dist. Ct. App. | Date Filed: 2022-09-02T00:53:00-07:00

Snippet: was entitled to a hearing pursuant to section 83.60(2), Florida Statutes (2020), and the trial court…requirements must be met. Specifically, section 83.60(2) provides that where a tenant raises any defense…which had been timely filed pursuant to section 83.60(2), final judgment for eviction was erroneously

CHRISTOPHER GARY BAYLOR vs KENNEDY COURT, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2022-08-02T00:00:00-07:00

Snippet: for Appellee. PER CURIAM. AFFIRMED. See § 83.60(2), Fla. Stat. (2020). LAMBERT, C.J., WALLIS and

PUFF OR SIP HOOKAH LOUNGE & LIQUOR STORE LLC v. BIMINI PROPERTIES INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2022-07-27T00:53:00-07:00

Snippet: contract. The tenant also moved under section 83.60(2), Florida Statutes (2021), for the trial court

ASHBIL D. GILL v. ALEXANDER PARVEZ

Court: Fla. Dist. Ct. App. | Date Filed: 2021-12-14T23:53:00-08:00

Snippet: during the pendency of the proceeding, when due.” § 83.60(2), Fla. Stat. (2020). While rent was “not

SZE LEE v. 1510 NE 109 ST, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2021-07-14T00:53:00-07:00

Snippet: interposes any defense other than payment.” § 83.60(2), Fla. Stat. (2021). That statute requires payment…at *3 (Fla. 3d DCA May 27, 2021): Section 83.60(2) is not discretionary; it compels a tenant … 1st DCA 2003) (holding, in accord with section 83.60, the landlord was entitled to payment of rent either

ARTHEISHA AXEN v. POAH CUTLER MANOR, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2021-06-23T00:53:00-07:00

Snippet: something other than nonpayment of rent, section 83.60(2), Florida Statutes, mandates that within five…deposit rent into the court registry under section 83.60(2). Axen responded to the motion for final judgment…determine the amount of rent to be paid . . . .” §83.60(2), Fla. Stat. (emphasis added). Giving effect