Florida Statutes

Fla. Stat. § 680.1081 (2025)

Unconscionability.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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680.1081 Unconscionability.—

(1) If the court as a matter of law finds a lease contract or any clause of a lease contract to have been unconscionable at the time it was made, the court may refuse to enforce the lease contract, or it may enforce the remainder of the lease contract without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result.

(2) Before making a finding of unconscionability under subsection (1) the court, on its own motion or that of a party, shall afford the parties a reasonable opportunity to present evidence as to the setting, purpose, and effect of the lease contract or clause thereof.

History.—s. 1, ch. 90-278.

Notes of Decisions

Cited in 2 cases, 1992–2006 · leading case: O'Neill v. The Home Depot U.S.A., Inc., 243 F.R.D. 469 (S.D. Fla. 2006).

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O'Neill v. The Home Depot U.S.A., Inc., 243 F.R.D. 469 (S.D. Fla. 2006). · cites it 2× “or practice; injunctive relief (Count II), permanently enjoining Home Depot from continuing to engage in acts and practices relating to the damage waiver, which constitute a violation of the FDUTPA; damages (Count III) sustained as a result of Home Depot’s alleged violation of…”

Quick Cash v. State, Dept. of Agric., 605 So. 2d 898 (Fla. 2d DCA 1992). · cites it 2× “, § 680.1081, Fla. Stat. (1991) (court may limit application of an unconscionable lease).”

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