Florida Statutes

Fla. Stat. § 718.4015 (2025)

Condominium leases; escalation clauses.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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718.4015 Condominium leases; escalation clauses.—

(1) It is declared that the public policy of this state prohibits the inclusion or enforcement of escalation clauses in land leases or other leases or agreements for recreational facilities, land, or other commonly used facilities serving residential condominiums, and such clauses are hereby declared void for public policy. For the purposes of this section, an escalation clause is any clause in a condominium lease or agreement which provides that the rental under the lease or agreement shall increase at the same percentage rate as any nationally recognized and conveniently available commodity or consumer price index.

(2) This public policy prohibits the inclusion or enforcement of such escalation clauses in leases related to condominiums for which the declaration of condominium was recorded on or after June 4, 1975; it prohibits the enforcement of escalation clauses in leases related to condominiums for which the declaration of condominium was recorded prior to June 4, 1975, but which have been refused enforcement on the grounds that the parties agreed to be bound by subsequent amendments to the Florida Statutes or which have been found to be void because of a finding that such lease is unconscionable or which have been refused enforcement on the basis of the application of former s. 711.231 or former s. 718.401(8); and it prohibits any further escalation of rental fees after October 1, 1988, pursuant to escalation clauses in leases related to condominiums for which the declaration was recorded prior to June 4, 1975.

(3) The provisions of this section do not apply if the lessor is the Government of the United States or this state or any political subdivision thereof or any agency of any political subdivision thereof.

History.—s. 7, ch. 88-148; s. 2, ch. 88-225; s. 1, ch. 89-164.

Notes of Decisions

Cited in 12 cases, 1989–2010 · leading case: Ass'n of Golden Glades Condo. Club, Inc. v. Sec. MGMT. CORP., 557 So. 2d 1350 (Fla. 1990).

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Ass'n of Golden Glades Condo. Club, Inc. v. Sec. MGMT. CORP., 557 So. 2d 1350 (Fla. 1990). · cites it 13× “We rephrase the certified question as follows: TO WHAT EXTENT DOES SECTION 718.”

Maison Grande Condo. v. Dorten, Inc., 600 So. 2d 463 (Fla. 1992). · cites it 6× “3d DCA 1991), in which the district court expressly declared section 718.4015, Florida Statutes (Supp.”

Maison Grande Condo. Ass'n, Inc. v. Dorten, Inc., 580 So. 2d 859 (Fla. 3d DCA 1991). · cites it 8× “Section 718.4015 again prohibited escalation clauses and applied the prohibition to all existing or future contracts.”

Beeman v. Island Breakers, 577 So. 2d 1341 (Fla. 3d DCA 1990). · cites it 9× “The second approach is to rely on the statute now codified as section 718.4015, Florida Statutes (1989), which declares that rent escalation clauses in condominium leases are void.”

Garden Isles Apts. No. 3, Inc. v. Connolly, 546 So. 2d 38 (Fla. 4th DCA 1989). · cites it 2× “, the Third District Court of Appeal stated that: Chapter 88-225, Laws of Florida (codified at Fla.Stat. 718.4015 (1988)), which became effective October 1, 1988, repealed section 718.”

Maison Grande Condo. Ass'n v. Dorten, Inc., 621 So. 2d 762 (Fla. 3d DCA 1993). · cites it 2× “Mai-son Grande asserted that the escalation provision was void under section 718.4015(2), Florida Statutes. Defendant prevailed on a motion for summary judgment which was affirmed on appeal.”

Moonlit Waters Apts., Inc. v. Cauley, 651 So. 2d 1269 (Fla. 4th DCA 1995). “§§ 718.4015(1), 719.4015(1), Fla. Stat. (1993) (emphasis added).”

Condo. Ass'n of Plaza Towers North, Inc. v. Plaza Rec. Dev. Corp., 557 So. 2d 1356 (Fla. 1990). “This statute was renumbered as section 718.4015 in 1988 and has been amended since 1975.”

Colony Beach & Tennis Club Ass'n v. Colony Beach & Tennis Club, Inc. (In Re Colony Beach & Tennis Club Ass'n), 423 B.R. 690 (Bankr. M.D. Fla. 2010). · cites it 7× “The Association Does Not Have Standing to Assert the Unenforce-ability of the Escalation Clause Under Fla. Stat. § 718.4015 . Section 718.4015 of the Florida Statutes declares that certain rent escalation clauses in condominium leases are void.”

Regency Villas Condo. Ass'n v. Keltner, 610 So. 2d 661 (Fla. 1st DCA 1992). · cites it 8× “401, Florida Statutes (1987), subsequently renumbered section 718.4015, Florida Statutes (1988 Supp.”

Maison Grande Condo. Ass'n v. Dorten, 621 So. 2d 762 (Fla. 3d DCA 1993). · cites it 2× “Maison Grande asserted that the escalation provision was void under section 718.4015(2), Florida Statutes. Defendant prevailed on a motion for summary judgment which was affirmed on appeal.”

In Re Maison Grande Condo. Ass'n, Inc., 425 B.R. 684 (Bankr. S.D. Florida 2010). · cites it 2× “See Fla. Stat. § 718.4015 . Because that statute was enacted after the Lease was executed, it has been held not to apply to the Lease.”

— 718.4015(1) — 2 cases

Maison Grande Condo. Ass'n, Inc. v. Dorten, Inc., 580 So. 2d 859 (Fla. 3d DCA 1991). “Section 718.4015 again prohibited escalation clauses and applied the prohibition to all existing or future contracts.”

Moonlit Waters Apts., Inc. v. Cauley, 651 So. 2d 1269 (Fla. 4th DCA 1995). “§§ 718.4015(1), 719.4015(1), Fla. Stat. (1993) (emphasis added).”

— 718.4015(2) — 4 cases

Ass'n of Golden Glades Condo. Club, Inc. v. Sec. MGMT. CORP., 557 So. 2d 1350 (Fla. 1990). “We rephrase the certified question as follows: TO WHAT EXTENT DOES SECTION 718.”

Maison Grande Condo. Ass'n v. Dorten, Inc., 621 So. 2d 762 (Fla. 3d DCA 1993). “Mai-son Grande asserted that the escalation provision was void under section 718.4015(2), Florida Statutes. Defendant prevailed on a motion for summary judgment which was affirmed on appeal.”

Garden Isles Apts. No. 3, Inc. v. Connolly, 546 So. 2d 38 (Fla. 4th DCA 1989). “, the Third District Court of Appeal stated that: Chapter 88-225, Laws of Florida (codified at Fla.Stat. 718.4015 (1988)), which became effective October 1, 1988, repealed section 718.”

Maison Grande Condo. Ass'n v. Dorten, 621 So. 2d 762 (Fla. 3d DCA 1993). “Maison Grande asserted that the escalation provision was void under section 718.4015(2), Florida Statutes. Defendant prevailed on a motion for summary judgment which was affirmed on appeal.”

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