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Florida Statute 83.67 - Full Text and Legal Analysis
Florida Statute 83.67 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
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The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 83
LANDLORD AND TENANT
View Entire Chapter
F.S. 83.67
83.67 Prohibited practices.
(1) A landlord of any dwelling unit governed by this part shall not cause, directly or indirectly, the termination or interruption of any utility service furnished the tenant, including, but not limited to, water, heat, light, electricity, gas, elevator, garbage collection, or refrigeration, whether or not the utility service is under the control of, or payment is made by, the landlord.
(2) A landlord of any dwelling unit governed by this part shall not prevent the tenant from gaining reasonable access to the dwelling unit by any means, including, but not limited to, changing the locks or using any bootlock or similar device.
(3) A landlord of any dwelling unit governed by this part shall not discriminate against a servicemember in offering a dwelling unit for rent or in any of the terms of the rental agreement.
(4) A landlord shall not prohibit a tenant from displaying one portable, removable, cloth or plastic United States flag, not larger than 4 and 1/2 feet by 6 feet, in a respectful manner in or on the dwelling unit regardless of any provision in the rental agreement dealing with flags or decorations. The United States flag shall be displayed in accordance with s. 83.52(6). The landlord is not liable for damages caused by a United States flag displayed by a tenant. Any United States flag may not infringe upon the space rented by any other tenant.
(5) A landlord of any dwelling unit governed by this part shall not remove the outside doors, locks, roof, walls, or windows of the unit except for purposes of maintenance, repair, or replacement; and the landlord shall not remove the tenant’s personal property from the dwelling unit unless such action is taken after surrender, abandonment, recovery of possession of the dwelling unit due to the death of the last remaining tenant in accordance with s. 83.59(3)(d), or a lawful eviction. If provided in the rental agreement or a written agreement separate from the rental agreement, upon surrender or abandonment by the tenant, the landlord is not required to comply with s. 715.104 and is not liable or responsible for storage or disposition of the tenant’s personal property; if provided in the rental agreement, there must be printed or clearly stamped on such rental agreement a legend in substantially the following form:

BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS PROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT’S PERSONAL PROPERTY.

For the purposes of this section, abandonment shall be as set forth in s. 83.59(3)(c).

(6) A landlord who violates any provision of this section shall be liable to the tenant for actual and consequential damages or 3 months’ rent, whichever is greater, and costs, including attorney’s fees. Subsequent or repeated violations that are not contemporaneous with the initial violation shall be subject to separate awards of damages.
(7) A violation of this section constitutes irreparable harm for the purposes of injunctive relief.
(8) The remedies provided by this section are not exclusive and do not preclude the tenant from pursuing any other remedy at law or equity that the tenant may have. The remedies provided by this section shall also apply to a servicemember who is a prospective tenant who has been discriminated against under subsection (3).
History.s. 3, ch. 87-369; s. 7, ch. 88-379; s. 3, ch. 90-133; s. 3, ch. 96-146; s. 2, ch. 2001-179; s. 2, ch. 2003-30; s. 4, ch. 2003-72; s. 1, ch. 2004-236; s. 2, ch. 2007-136.

F.S. 83.67 on Google Scholar

F.S. 83.67 on CourtListener

Amendments to 83.67


Annotations, Discussions, Cases:

Cases Citing Statute 83.67

Total Results: 16

Clemente v. Horne

707 So. 2d 865, 1998 WL 88383

District Court of Appeal of Florida | Filed: Mar 4, 1998 | Docket: 1260186

Cited 15 times | Published

breach of their landlords' duties pursuant to section 83.67, Florida Statutes (1995). In count two, appellants

Jacobs v. Westgate

766 So. 2d 1175, 2000 WL 1283505

District Court of Appeal of Florida | Filed: Sep 13, 2000 | Docket: 1330210

Cited 11 times | Published

sued for 1) wrongful eviction; 2) violation of section 83.67, Florida Statutes (1997); 3) conversion; and

Mann v. Hillsborough County Sheriff's Office

946 F. Supp. 962, 1996 U.S. Dist. LEXIS 17635, 1996 WL 683614

District Court, M.D. Florida | Filed: Nov 25, 1996 | Docket: 1926797

Cited 7 times | Published

the Creasys, for violation of Florida Statute § 83.67 for preventing the tenant reasonable access to

James v. City Of St. Petersburg

33 F.3d 1304, 1994 U.S. App. LEXIS 27669

Court of Appeals for the Eleventh Circuit | Filed: Oct 3, 1994 | Docket: 376115

Cited 6 times | Published

67(1), 180.135(1)(a), and 180.135(4) (1993). Section 83.67(1) prohibits a landlord from directly or indirectly

Grant v. GHG014, LLC

65 So. 3d 1066, 2010 Fla. App. LEXIS 15817, 2010 WL 4103356

District Court of Appeal of Florida | Filed: Oct 20, 2010 | Docket: 2364875

Cited 2 times | Published

apartment, contending that the appellees violated section 83.67(2), Florida Statutes, by changing the locks

James v. City of St. Petersburg

33 F.3d 1304

Court of Appeals for the Eleventh Circuit | Filed: Oct 3, 1994 | Docket: 64018309

Cited 1 times | Published

67(1), 180.135(l)(a), and 180.135(4) (1993). Section 83.67(1) prohibits a landlord from directly or indirectly

Anne-Laure Michelis v. Gina Nugent

District Court of Appeal of Florida | Filed: May 7, 2025 | Docket: 70186681

Published

conceded Plaintiff was entitled to fees under section 83.67(6), Florida Statutes (2015). However, at a later

William Hefley and Aimee J. Hefley v. Christopher Holmquist

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

Published

but not limited to, changing the locks.” Id. § 83.67(2); see also Nugent v. Michelis, 312 So. 3d 954

Samantha Elaine Tsuji v. H. Bart Fleet, etc.

Supreme Court of Florida | Filed: Jun 29, 2023 | Docket: 67538861

Published

or are not, liable “for damages.” See, e.g., § 83.67(4), Fla. Stat. (2022) (“The landlord is not liable

CHRISTINA MARIE POWERS v. ROY GEORGE WHITCRAFT, III

District Court of Appeal of Florida | Filed: Jul 21, 2021 | Docket: 60073803

Published

landlord for violating section 83.67(1), Florida Statutes (2018). Section 83.67(1) permits tenants to

1560-1568 DREXEL AVE LLC v. JOHANN C. DALTON, etc.

District Court of Appeal of Florida | Filed: Jun 16, 2021 | Docket: 59988826

Published

requires Landlord to restore power to the unit. See § 83.67, Fla. Stat. (2020). 2 Without further elaboration

Peoples Gas System, etc. v. Posen Construction, Inc., etc.

Supreme Court of Florida | Filed: Jun 10, 2021 | Docket: 59974786

Published

plaintiff claimed that the defendants violated section 83.67, Florida Statutes (1997), and “the defendants

GINA NUGENT v. ANNE- LAURE MICHELIS

District Court of Appeal of Florida | Filed: Mar 10, 2021 | Docket: 59719244

Published

specifically alleging the claims were barred by section 83.67(6), Florida Statutes (addressing violations

In re Revisions to Simplified Forms Pursuant to Rule 10-2.1(a) of the Rules Regulating the Florida Bar

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

from taking certain actions as described in Section 83.67, Florida Statutes, the provisions of which can

Badaraco v. Suncoast Towers V Associates

676 So. 2d 502, 1996 Fla. App. LEXIS 6880, 1996 WL 365714

District Court of Appeal of Florida | Filed: Jul 3, 1996 | Docket: 64766089

Published

a *503condominium. According to the tenant, Section 83.67, Florida Statutes (1995), entitled him to damages

James v. City of St. Petersburg

6 F.3d 1457, 1993 WL 432521

Court of Appeals for the Eleventh Circuit | Filed: Oct 22, 1993 | Docket: 64015224

Published

termination of utility services. For example, Fla.Stat. § 83.67 prohibits a landlord from interrupting a tenant’s