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Scroll over to the section you wish to read and click it. The cursor will move you down the page to that area. Throughout the page you will notice buttons like the one below. This button will always bring you back to the top of the table of contents to the right! The law is complicated but reading it shouldn't be. Enjoy. Underground Landlord!
Table of Contents
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83.001 Application.
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83.01 Unwritten lease tenancy at will; duration.
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83.02 Certain written leases tenancies at will; duration.
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83.03 Termination of tenancy at will; length of notice.
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83.04 Holding over after term, tenancy at sufferance, etc.
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83.05 Right of possession upon default in rent; determination of right of possession in action or surrender or abandonment of premises.
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83.06 Right to demand double rent upon refusal to deliver possession.
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83.07 Action for use and occupation.
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83.08 Landlord’s lien for rent.
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83.09 Exemptions from liens for rent.
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83.10 Landlord’s lien for advances.
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83.11 Distress for rent; complaint.
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83.12 Distress writ.
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83.13 Levy of writ.
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83.135 Dissolution of writ.
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83.14 Replevy of distrained property.
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83.15 Claims by third persons.
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83.18 Distress for rent; trial; verdict; judgment.
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83.19 Sale of property distrained.
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83.20 Causes for removal of tenants.
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83.201 Notice to landlord of failure to maintain or repair, rendering premises wholly untenantable; right to withhold rent.
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83.202 Waiver of right to proceed with eviction claim.
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83.21 Removal of tenant.
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83.22 Removal of tenant; service.
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83.231 Removal of tenant; judgment.
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83.232 Rent paid into registry of court.
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83.241 Removal of tenant; process.
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83.251 Removal of tenant; costs.
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83.001 Application. —This part applies to nonresidential tenancies and all tenancies not governed by part II of this chapter.
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History. —s. 1, Ch. 73-330.
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83.801 Short title.
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83.803 Definitions.
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83.805 Lien.
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83.8055 Withholding access to personal property upon nonpayment of rent.
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83.806 Enforcement of lien.
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83.808 Contracts.
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83.809 Application of act.
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83.801 Short title. —Sections 83.801-83.809 shall be known and may be cited as the “Self-storage Facility Act.”
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History. —s. 1, Ch. 79-404; s. 1, Ch. 82-151.
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83.803 Definitions. —As used in ss. 83.801-83.809:
How to Evict a Tenant (Process)
The process for filing an eviction (forcible entry and unlawful detainer) below are in accordance with laws (Chapter 82 of the Florida Statutes). All court forms provided below are provided by the Florida State BAR
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Step 1 – Selecting the Type of Notice
Before filing an eviction in the State of Florida the landlord will be required to inform the tenant of their lease violation through a notice to quit. Use one of the types below to send via Certified Mail (with return receipt) or hand deliver:
3-Day Notice to Pay or Quit – For late rent. The landlord may give notice the day after rent is late (§ 83.56(3))
7-Day Notice to Comply or Quit (Curable) – For a minor lease violation.
7-Day Notice Comply or Quit (Incurable) – For a major lease violation or illegal activity by the tenant.
15-Day Notice to Vacate – To terminate a month-to-month lease.
Step 2 – Filing with the Clerk
If the tenant does not comply with the notice then the court will need to get involved. The landlord will need to file a Complaint and Summons along with evidence to the clerk and submit payment for $185 for most counties. Although, it is best to check with the county the property is located as there can be additional fees.
Bring the following to the respective Clerk of Court Office:
Complaint (choose one)
Complaint Form (non-payment of rent) – Just eviction, not seeking back-rent.
Complaint Form (non-payment of rent) – Eviction plus seeking back-rent.
Complaint Form (other violations) – For any violation other than non-payment of rent.
Summons (choose one)
Summons (eviction only) – If landlord is only seeking an eviction with no back-rent or damages.
Summons (for eviction and back rent) – If landlord is seeking back-rent and/or damages.
Evidence – Bring a copy of the original lease agreement and the notice to quit (with tenant’s signature of receipt).
Step 3 – Wait 5 Days
The tenant will be served by the court and will be responsible for providing a response within *five (5) days to the court (excluding weekends and holidays).
If the tenant does file the Answer within the five (5) day period a court hearing date will be set.
If the tenant does not file the Answer within the five (5) day period the landlord will need to submit the following forms to the clerk:
Motion for Clerk’s Default (choose one)
Motion for Clerk’s Default (eviction only)
*Motion for Clerk’s Default (eviction and back rent)
Step 4 – Obtaining Final Judgment
If there was a court hearing the following must be filed:
Final Judgment (choose one)
Final Judgment (eviction only)
Final Judgment (eviction and back rent)
AND
Non-Military Affidavit – Required to be notarized.
*Affidavit of Damages – Only filed if back rent is being sought.
Self-Addressed Stamped Envelope – No return address.
Addressed Stamped Envelope(s) – For each tenant.
If there was not a court hearing as the tenant did not file an answer the following must be filed with the court:
Motion for Final Judgment (choose one)
Motion for Default Judgment (eviction only)
Motion for Default Judgment (eviction and back rent)
AND
Non-Military Affidavit – Required to be notarized.
*Affidavit of Damages – Only filed if back rent is being sought.
Self-Addressed Stamped Envelope – No return address.
Addressed Stamped Envelope(s) – For each tenant.
Step 5 – Writ of Possession
After the Judgment has been issued by the court the landlord will need to have a Writ of Possession be certified by the clerk. After obtaining the landlord will be able to submit to the local Sheriff’s office and have the tenant evicted within twenty-four (24) hours.
After a Judge enters a Final Judgment of Eviction in the State of Florida, the Clerk of Court will enter a Florida Writ of Possession that a Sheriff is required to serve on the Tenant. A Florida Writ of Possession is a court order that directs the Sheriff to execute and give possession of the property back to the Landlord. This process is set forth in Florida Statute 83.62.
After the Florida Writ of Possession is served by the Sheriff, the Tenant is given 24 hours to remove all of their possessions and belongings before the Sheriff comes back to the property to execute the Florida Writ of Possession. At the time the Sheriff executes the Florida Writ of Possession, the Landlord or the Landlord’s agent may remove any personal property found in or on the property to the property line. Neither the sheriff nor the landlord or the landlord’s agent shall be liable to the tenant or any other party for the loss, destruction, or damage to the property after it has been removed.
Bad tenants in Florida, there are bad renters all over florida. Bad tenants hang out in Florida. Make sure to avoid the bad tenants in Florida. Tenant blacklist in florida, there are bad tenant databases in Florida to put bad tenants and renters who will not pay rent and destroy property. Put these deadbeat renters on there so other landlords don't get stuck dealing with them. There are bad renters in the state of florida. Make sure to avoid bad renters because evictions are not fun. Evicting bad renters is not a good thing to have to do. Lets deal with bad renters in the state of Florida. Tampa, Miami, The Keys all have bad renters that have to be evicted from time to time. Make sure to report them to underground landlord. Evict bad renters and tenants in florida. St Petersburg, Jacksonville and Daytona have bad renters.
Here at Underground Landlord, we encourage you to place your bad tenants on our site. This is not a tenant blacklist but rather a sort of Landlord Facebook. Here you and other landlords can discuss events you have had that were less than desirable in an environment conducive to learning from the mistakes and preventing them from happening again. Enjoy, make friends and by all means let's help one another further our investment goals together!
83.01 Unwritten lease tenancy at will; duration.—Any lease of lands and tenements, or either, made shall be deemed and held to be a tenancy at will unless it shall be in writing signed by the lessor. Such tenancy shall be from year to year, or quarter to quarter, or month to month, or week to week, to be determined by the periods at which the rent is payable. If the rent is payable weekly, then the tenancy shall be from week to week; if payable monthly, then from month to month; if payable quarterly, then from quarter to quarter; if payable yearly, then from year to year.
History.—ss. 1, 2, ch. 5441, 1905; RGS 3567, 3568; CGL 5431, 5432; s. 34, ch. 67-254.
83.02 Certain written leases tenancies at will; duration.—Where any tenancy has been created by an instrument in writing from year to year, or quarter to quarter, or month to month, or week to week, to be determined by the periods at which the rent is payable, and the term of which tenancy is unlimited, the tenancy shall be a tenancy at will. If the rent is payable weekly, then the tenancy shall be from week to week; if payable monthly, then the tenancy shall be from month to month; if payable quarterly, then from quarter to quarter; if payable yearly, then from year to year.
History.—s. 2, ch. 5441, 1905; RGS 3568; CGL 5432; s. 2, ch. 15057, 1931; s. 34, ch. 67-254.
83.03 Termination of tenancy at will; length of notice.—A tenancy at will may be terminated by either party giving notice as follows:
(1) Where the tenancy is from year to year, by giving not less than 3 months’ notice prior to the end of any annual period;
(2) Where the tenancy is from quarter to quarter, by giving not less than 45 days’ notice prior to the end of any quarter;
(3) Where the tenancy is from month to month, by giving not less than 15 days’ notice prior to the end of any monthly period; and
(4) Where the tenancy is from week to week, by giving not less than 7 days’ notice prior to the end of any weekly period.
History.—s. 3, ch. 5441, 1905; RGS 3569; CGL 5433; s. 34, ch. 67-254; s. 3, ch. 2003-5.
83.04 Holding over after term, tenancy at sufferance, etc.—When any tenancy created by an instrument in writing, the term of which is limited, has expired and the tenant holds over in the possession of said premises without renewing the lease by some further instrument in writing then such holding over shall be construed to be a tenancy at sufferance. The mere payment or acceptance of rent shall not be construed to be a renewal of the term, but if the holding over be continued with the written consent of the lessor then the tenancy shall become a tenancy at will under the provisions of this law.
History.—s. 4, ch. 5441, 1905; RGS 3570; CGL 5434; s. 3, ch. 15057, 1931; s. 34, ch. 67-254.
83.05 Right of possession upon default in rent; determination of right of possession in action or surrender or abandonment of premises.—
(1) If any person leasing or renting any land or premises other than a dwelling unit fails to pay the rent at the time it becomes due, the lessor has the right to obtain possession of the premises as provided by law.
(2) The landlord shall recover possession of rented premises only:
(a) In an action for possession under s. 83.20, or other civil action in which the issue of right of possession is determined;
(b) When the tenant has surrendered possession of the rented premises to the landlord; or
(c) When the tenant has abandoned the rented premises.
(3) In the absence of actual knowledge of abandonment, it shall be presumed for purposes of paragraph (2)(c) that the tenant has abandoned the rented premises if:
(a) The landlord reasonably believes that the tenant has been absent from the rented premises for a period of 30 consecutive days;
(b) The rent is not current; and
(c) A notice pursuant to s. 83.20(2) has been served and 10 days have elapsed since service of such notice.
However, this presumption does not apply if the rent is current or the tenant has notified the landlord in writing of an intended absence.
History.—s. 5, Nov. 21, 1828; RS 1750; GS 2226; RGS 3534; CGL 5398; s. 34, ch. 67-254; s. 1, ch. 83-151.
83.06 Right to demand double rent upon refusal to deliver possession.—
(1) When any tenant refuses to give up possession of the premises at the end of the tenant’s lease, the landlord, the landlord’s agent, attorney, or legal representatives, may demand of such tenant double the monthly rent, and may recover the same at the expiration of every month, or in the same proportion for a longer or shorter time by distress, in the manner pointed out hereinafter.
(2) All contracts for rent, verbal or in writing, shall bear interest from the time the rent becomes due, any law, usage or custom to the contrary notwithstanding.
History.—ss. 4, 6, Nov. 21, 1828; RS 1759; GS 2235; RGS 3554; CGL 5418; s. 34, ch. 67-254; s. 427, ch. 95-147.
83.07 Action for use and occupation.—Any landlord, the landlord’s heirs, executors, administrators or assigns may recover reasonable damages for any house, lands, tenements, or hereditaments held or occupied by any person by the landlord’s permission in an action on the case for the use and occupation of the lands, tenements, or hereditaments when they are not held, occupied by or under agreement or demise by deed; and if on trial of any action, any demise or agreement (not being by deed) whereby a certain rent was reserved is given in evidence, the plaintiff shall not be dismissed but may make use thereof as an evidence of the quantum of damages to be recovered.
History.—s. 7, Nov. 21, 1828; RS 1760; GS 2236; RGS 3555; CGL 5419; s. 34, ch. 67-254; s. 428, ch. 95-147.
83.08 Landlord’s lien for rent.—Every person to whom rent may be due, the person’s heirs, executors, administrators or assigns, shall have a lien for such rent upon the property found upon or off the premises leased or rented, and in the possession of any person, as follows:
(1) Upon agricultural products raised on the land leased or rented for the current year. This lien shall be superior to all other liens, though of older date.
(2) Upon all other property of the lessee or his or her sublessee or assigns, usually kept on the premises. This lien shall be superior to any lien acquired subsequent to the bringing of the property on the premises leased.
(3) Upon all other property of the defendant. This lien shall date from the levy of the distress warrant hereinafter provided.
History.—ss. 1, 9, 10, ch. 3131, 1879; RS 1761; GS 2237; RGS 3556; CGL 5420; s. 34, ch. 67-254; s. 429, ch. 95-147.
83.09 Exemptions from liens for rent.—No property of any tenant or lessee shall be exempt from distress and sale for rent, except beds, bedclothes and wearing apparel.
History.—s. 6, Feb. 14, 1835; RS 1762; GS 2238; RGS 3557; CGL 5421; s. 34, ch. 67-254.
83.10 Landlord’s lien for advances.—Landlords shall have a lien on the crop grown on rented land for advances made in money or other things of value, whether made directly by them or at their instance and requested by another person, or for which they have assumed a legal responsibility, at or before the time at which such advances were made, for the sustenance or well-being of the tenant or the tenant’s family, or for preparing the ground for cultivation, or for cultivating, gathering, saving, handling, or preparing the crop for market. They shall have a lien also upon each and every article advanced, and upon all property purchased with money advanced, or obtained, by barter or exchange for any articles advanced, for the aggregate value or price of all the property or articles so advanced. The liens upon the crop shall be of equal dignity with liens for rent, and upon the articles advanced shall be paramount to all other liens.
History.—s. 2, ch. 3247, 1879; RS 1763; GS 2239; RGS 3558; CGL 5422; s. 34, ch. 67-254; s. 430, ch. 95-147.
Alphabetical List Of Counties In Florida!
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Alachua County
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Baker County
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Bay County
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Bradford County
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Brevard County
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Broward County
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Calhoun County
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Charlotte County
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Citrus County
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Clay County
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Collier County
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Columbia County
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DeSoto County
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Dixie County
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Duval County
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Escambia County
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Flagler County
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Franklin County
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Gadsden County
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Gilchrist County
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Glades County
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Gulf County
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Hamilton County
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Hardee County
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Hendry County
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Hernando County
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Highlands County
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Hillsborough County
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Holmes County
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Indian River County
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Jackson County
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Jefferson County
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Lafayette County
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Lake County
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Lee County
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Leon County
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Levy County
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Liberty County
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Madison County
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Manatee County
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Marion County
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Martin County
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Miami-Dade County
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Monroe County
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Nassau County
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Okaloosa County
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Okeechobee County
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Orange County
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Osceola County
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Palm Beach County
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Pasco County
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Pinellas County
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Polk County
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Putnam County
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Santa Rosa County
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Sarasota County
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Seminole County
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St. Johns County
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St. Lucie County
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Sumter County
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Suwannee County
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Taylor County
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Union County
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Volusia County
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Wakulla County
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Walton County
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Washington County
The 10 Largest Cities in Florida
1-Jacksonville
The largest city in Florida and in the southeastern United States, Jacksonville offers something for everyone. Professionals will find plenty of jobs and a booming economy; families will find top-rated schools and a number of cultural attractions; and retirees will find a number of affordable neighborhoods and reasonably priced real estate. The city is also home to Florida’s third largest seaport. AreaVibes gives Jacksonville high marks for its excellent amenities, year-round sunny weather, low cost of living and stable housing market.
Population: 920,984
Population growth notes: According to World Population Review, Jacksonville is continuing to grow at a steady pace. Its metropolitan area has a population of about 1.4 million residents.
Median listing home price: $227,000
2-Miami
Stunning beaches, outstanding restaurants and an exciting social scene make Miami one of the liveliest places in the world to live. The city is also the fourth largest urban area in the country, attracting students, young professionals, families and retirees alike. This exceptionally diverse place to live is also home to a vibrant arts scene, with several arts districts, famous art shows, galleries and museums located throughout the city. AreaVibes gives Miami high marks for its sunny weather and world-class amenities.
Population: 491,724
Population growth notes: According to World Population Growth, Miami’s metro population could top 7.5 million people by 2040.
Median listing home price: $400,000
3-Tampa
The largest city in the Tampa Bay Area, the City of Tampa is a true urban paradise for young professionals, students and retirees. In addition to its healthy economy and thriving job market, Tampa boasts year-round sunny weather, a bustling downtown and a vibrant nightlife scene. Residents can take advantage of the city’s celebrated Riverwalk, a pedestrian-friendly path connecting a number of cultural attractions, including the Aquarium and the Tampa Bay History Center. AreaVibes also gives Tampa high marks for its many amenities and excellent weather.
Population: 403,178
Population growth notes: According to World Population Review, Tampa’s growth is due to a higher number of births over deaths and a high net migration. Tampa’s new population growth is “expected to make the city younger and more urban.”
Median listing home price: $272,900
4-Orlando
Everyone from retirees and families to young professionals and singles will find what they’re looking for in Orlando. Known for its many tourist attractions, including Disney World and Universal Studios, the City of Orlando is one of the most visited destinations in the country. Residents can take advantage of local discounts on attractions as well as the many job opportunities available within the theme parks. Outside of the city, families will find plenty of other kid-friendly activities and top-rated schools. AreaVibes gives Orlando high marks for its abundance of amenities and sunny weather.
Population: 297,243
Population growth notes: According to World Population Review, Orlando had the second highest population growth of any city in Florida between 2010 and 2012, adding over 7,100 new residents.
Median listing home price: $275,000
5-St. Petersburg
The City of St. Petersburg (also known as “St. Pete”) averages 360 days of sunshine a year, making it one of the sunniest cities in America to call home. The year-round sunny weather isn’t the only reason residents love living in St. Petersburg. Given its close proximity to the ocean, it’s easy to enjoy a number of watersports. Residents can also take advantage of the city’s hopping downtown, outdoor parks and tasty restaurants. AreaVibes gives St. Petersburg high marks for its mild weather and many amenities.
Population: 273,968
Population growth notes: According to World Population Review, St. Petersburg’s growth has wavered in recent years. After 1980, the city’s population came to a standstill until the year 2000, when it grew by 10,000 people. However, the population had declined by 2010.
Median listing home price: $284,000
When it comes to dealing with bad renters in the state of Florida, Underground Landlord has your back. Verify rental histories with the person who knows it best! The previous landlord. The one they forgot to mention in the application. Yes That guy!
83.11 Distress for rent; complaint.—Any person to whom any rent or money for advances is due or the person’s agent or attorney may file an action in the court in the county where the land lies having jurisdiction of the amount claimed, and the court shall have jurisdiction to order the relief provided in this part. The complaint shall be verified and shall allege the name and relationship of the defendant to the plaintiff, how the obligation for rent arose, the amount or quality and value of the rent due for such land, or the advances, and whether payable in money, an agricultural product, or any other thing of value.
History.—s. 2, ch. 3131, 1879; RS 1764; GS 2240; RGS 3559; CGL 5423; s. 34, ch. 67-254; s. 1, ch. 80-282; s. 431, ch. 95-147.
83.12 Distress writ.—A distress writ shall be issued by a judge of the court which has jurisdiction of the amount claimed. The writ shall enjoin the defendant from damaging, disposing of, secreting, or removing any property liable to distress from the rented real property after the time of service of the writ until the sheriff levies on the property, the writ is vacated, or the court otherwise orders. A violation of the command of the writ may be punished as a contempt of court. If the defendant does not move for dissolution of the writ as provided in s. 83.135, the sheriff shall, pursuant to a further order of the court, levy on the property liable to distress forthwith after the time for answering the complaint has expired. Before the writ issues, the plaintiff or the plaintiff’s agent or attorney shall file a bond with surety to be approved by the clerk payable to defendant in at least double the sum demanded or, if property, in double the value of the property sought to be levied on, conditioned to pay all costs and damages which defendant sustains in consequence of plaintiff’s improperly suing out the distress.
History.—s. 2, ch. 3131, 1879; RS 1765; GS 2241; s. 10, ch. 7838, 1919; RGS 3560; CGL 5424; s. 34, ch. 67-254; s. 2, ch. 80-282; s. 432, ch. 95-147.
83.13 Levy of writ.—The sheriff shall execute the writ by service on defendant and, upon the order of the court, by levy on property distrainable for rent or advances, if found in the sheriff’s jurisdiction. If the property is in another jurisdiction, the party who had the writ issued shall deliver the writ to the sheriff in the other jurisdiction; and that sheriff shall execute the writ, upon order of the court, by levying on the property and delivering it to the sheriff of the county in which the action is pending, to be disposed of according to law, unless he or she is ordered by the court from which the writ emanated to hold the property and dispose of it in his or her jurisdiction according to law. If the plaintiff shows by a sworn statement that the defendant cannot be found within the state, the levy on the property suffices as service on the defendant.
History.—s. 3, ch. 3721, 1887; RS 1765; GS 2241; RGS 3560; CGL 5424; s. 34, ch. 67-254; s. 3, ch. 80-282; s. 15, ch. 82-66; s. 8, ch. 83-255; s. 433, ch. 95-147; s. 5, ch. 2004-273.
83.135 Dissolution of writ.—The defendant may move for dissolution of a distress writ at any time. The court shall hear the motion not later than the day on which the sheriff is authorized under the writ to levy on property liable under distress. If the plaintiff proves a prima facie case, or if the defendant defaults, the court shall order the sheriff to proceed with the levy.
History.—s. 4, ch. 80-282.
83.14 Replevy of distrained property.—The property distrained may be restored to the defendant at any time on the defendant’s giving bond with surety to the sheriff levying the writ. The bond shall be approved by such sheriff; made payable to plaintiff in double the value of the property levied on, with the value to be fixed by the sheriff; and conditioned for the forthcoming of the property restored to abide the final order of the court. It may be also restored to defendant on defendant’s giving bond with surety to be approved by the sheriff making the levy conditioned to pay the plaintiff the amount or value of the rental or advances which may be adjudicated to be payable to plaintiff. Judgment may be entered against the surety on such bonds in the manner and with like effect as provided in s. 76.31.
History.—s. 3, ch. 3131, 1879; RS 1766; s. 1, ch. 4408, 1895; RGS 3561; CGL 5425; s. 34, ch. 67-254; s. 16, ch. 82-66; s. 9, ch. 83-255; s. 434, ch. 95-147.
83.15 Claims by third persons.—Any third person claiming any property so distrained may interpose and prosecute his or her claim for it in the same manner as is provided in similar cases of claim to property levied on under execution.
History.—s. 7, ch. 3131, 1879; RS 1770; GS 2246; RGS 3565; CGL 5429; s. 34, ch. 67-254; s. 17, ch. 82-66; s. 435, ch. 95-147.
83.18 Distress for rent; trial; verdict; judgment.—If the verdict or the finding of the court is for plaintiff, judgment shall be rendered against defendant for the amount or value of the rental or advances, including interest and costs, and against the surety on defendant’s bond as provided for in s. 83.14, if the property has been restored to defendant, and execution shall issue. If the verdict or the finding of the court is for defendant, the action shall be dismissed and defendant shall have judgment and execution against plaintiff for costs.
History.—RS 1768; s. 3, ch. 4408, 1895; GS 2244; RGS 3563; CGL 5427; s. 14, ch. 63-559; s. 34, ch. 67-254; s. 18, ch. 82-66.
83.19 Sale of property distrained.—
(1) If the judgment is for plaintiff and the property in whole or in part has not been replevied, it, or the part not restored to the defendant, shall be sold and the proceeds applied on the payment of the execution. If the rental or any part of it is due in agricultural products and the property distrained, or any part of it, is of a similar kind to that claimed in the complaint, the property up to a quantity to be adjudged of by the officer holding the execution (not exceeding that claimed), may be delivered to the plaintiff as a payment on the plaintiff’s execution at his or her request.
(2) When any property levied on is sold, it shall be advertised two times, the first advertisement being at least 10 days before the sale. All property so levied on shall be sold at the location advertised in the notice of sheriff’s sale.
(3) Before the sale if defendant appeals and obtains supersedeas and pays all costs accrued up to the time that the supersedeas becomes operative, the property shall be restored to defendant and there shall be no sale.
(4) In case any property is sold to satisfy any rent payable in cotton or other agricultural product or thing, the officer shall settle with the plaintiff at the value of the rental at the time it became due.
History.—ss. 5, 6, ch. 3131, 1879; RS 1769; GS 2245; RGS 3564; CGL 5428; s. 34, ch. 67-254; s. 19, ch. 82-66; s. 10, ch. 83-255; s. 436, ch. 95-147.
83.20 Causes for removal of tenants.—Any tenant or lessee at will or sufferance, or for part of the year, or for one or more years, of any houses, lands or tenements, and the assigns, under tenants or legal representatives of such tenant or lessee, may be removed from the premises in the manner hereinafter provided in the following cases:
(1) Where such person holds over and continues in the possession of the demised premises, or any part thereof, after the expiration of the person’s time, without the permission of the person’s landlord.
(2) Where such person holds over without permission as aforesaid, after any default in the payment of rent pursuant to the agreement under which the premises are held, and 3 days’ notice in writing requiring the payment of the rent or the possession of the premises has been served by the person entitled to the rent on the person owing the same. The service of the notice shall be by delivery of a true copy thereof, or, if the tenant is absent from the rented premises, by leaving a copy thereof at such place.
(3) Where such person holds over without permission after failing to cure a material breach of the lease or oral agreement, other than nonpayment of rent, and when 15 days’ written notice requiring the cure of such breach or the possession of the premises has been served on the tenant. This subsection applies only when the lease is silent on the matter or when the tenancy is an oral one at will. The notice may give a longer time period for cure of the breach or surrender of the premises. In the absence of a lease provision prescribing the method for serving notices, service must be by mail, hand delivery, or, if the tenant is absent from the rental premises or the address designated by the lease, by posting.
History.—s. 1, ch. 3248, 1881; RS 1751; GS 2227; RGS 3535; CGL 5399; s. 34, ch. 67-254; s. 20, ch. 77-104; s. 2, ch. 88-379; s. 1, ch. 93-70; s. 437, ch. 95-147.
6-Hialeah
This popular Miami suburb is home to the highest percentage of Cubans and Cuban-Americans in the U.S., according to World Population Review. Families are drawn to the suburb, thanks to its low crime rate and affordable real estate. The City of Hialeah is also home to some of the best Cuban restaurants in Florida. Most residents speak Spanish as their primary language and enjoy a low cost of living, compared to many other Miami suburbs. AreaVibes gives Hialeah high marks for its many amenities, sunny weather and low crime rate.
Population: 234,428
Population growth notes: According to World Population Review, Hialeah has continued to grow steadily over the years, only experiencing one small dip in its population between 2000 and 2010.
Median listing home price: $325,000
7-Port St. Lucie
Port St. Lucie has quickly become one of the most popular places to live on Florida’s “Treasure Coast.” The City of Port St. Lucie offers a more affordable alternative to its pricey neighbor Palm Beach County. Residents will find plenty of budget-friendly homes for sale in safe, clean neighborhoods. The city also offers plenty of outdoor destinations and activities, including beautiful golf courses and sandy beaches. Retirees will find a number of 55+ communities to call home as well. AreaVibes also gives Port St. Lucie high marks for its many amenities, low crime rate, stable housing market and warm weather.
Population: 202,769
Population growth notes: According to World Population Review, even though population growth in Port St. Lucie has slowed since the 2000s, the city is still expected to grow thanks to its affordable home prices.
Median listing home price: $249,900
8-Cape Coral
Those in search of the ideal beach lifestyle will find it in Cape Coral. Located in Southwest Florida, the city is home to a number of canals, beautiful Gulf Coast beaches and stunning wildlife. Residents will find plenty of outdoor parks, nature preserves and recreation centers. Families will also find public schools that are well above the national average throughout the city. AreaVibes gives Cape Coral high marks for its A+ amenities, low crime rates, top-notch school system and sunny weather.
Population: 194,570
Population growth notes: According to World Population Growth, estimates show that the population in Cape Coral has increased 16.5 percent since the last census.
Median listing home price: $264,900
9-Tallahassee
Home to both Florida State University and Florida A&M, the City of Tallahassee is home to thousands of college students – making it the ultimate college town. Even though the city is crawling with young people, it’s also a popular place for families and professionals to call home. The relatively affordable neighborhoods, low cost of living and healthy job market make it a great place to settle down and save money. AreaVibes also gives Tallahassee high marks for its picture-perfect weather and abundance of amenities.
Population: 194,170
Population growth notes: According to World Population Growth, Tallahassee is the 12th fastest growing metropolitan area with a growth rate of 12.4 percent – higher than Miami and Tampa.
Median listing home price: $235,000
10-Fort Lauderdale
Fort Lauderdale is much more than just a Spring Break destination. The South Florida city is home to some of the most beautiful beaches in the world – not to mention, a number of other attractions, including world-class museums, a delectable dining scene and exciting nightlife. Retirees who enjoy boating and fishing will also find plenty to do here. The city is home to the Fort Lauderdale International Boat Show, the largest in-water boat show in the world. AreaVibes gives Fort Lauderdale high marks for its excellent weather and many amenities.
Population: 181,995
Population growth notes: According to World Population Growth, Fort Lauderdale’s population has increased 8 percent since the last census in 2010, and there’s no sign that the population growth is slowing down anytime soon.
Median listing home price: $310,000
1) A landlord who gives notice to a tenant of the landlord’s intent to terminate the tenant’s lease pursuant to s. 83.56(2)(a), due to the tenant’s intentional destruction, damage, or misuse of the landlord’s property may petition the county or circuit court for an injunction prohibiting the tenant from continuing to violate any of the provisions of that part.
(2) The court shall grant the relief requested pursuant to subsection (1) in conformity with the principles that govern the granting of injunctive relief from threatened loss or damage in other civil cases.
(3) Evidence of a tenant’s intentional destruction, damage, or misuse of the landlord’s property in an amount greater than twice the value of money deposited with the landlord pursuant to s. 83.49 or $300, whichever is greater, shall constitute irreparable harm for the purposes of injunctive relief.
History.—s. 8, ch. 93-255; s. 451, ch. 95-147.
83.682 Termination of rental agreement by a servicemember.—
(1) Any servicemember may terminate his or her rental agreement by providing the landlord with a written notice of termination to be effective on the date stated in the notice that is at least 30 days after the landlord’s receipt of the notice if any of the following criteria are met:
(a) The servicemember is required, pursuant to a permanent change of station orders, to move 35 miles or more from the location of the rental premises;
(b) The servicemember is prematurely or involuntarily discharged or released from active duty or state active duty;
(c) The servicemember is released from active duty or state active duty after having leased the rental premises while on active duty or state active duty status and the rental premises is 35 miles or more from the servicemember’s home of record prior to entering active duty or state active duty;
(d) After entering into a rental agreement, the servicemember receives military orders requiring him or her to move into government quarters or the servicemember becomes eligible to live in and opts to move into government quarters;
(e) The servicemember receives temporary duty orders, temporary change of station orders, or state active duty orders to an area 35 miles or more from the location of the rental premises, provided such orders are for a period exceeding 60 days; or
(f) The servicemember has leased the property, but prior to taking possession of the rental premises, receives a change of orders to an area that is 35 miles or more from the location of the rental premises.
(2) The notice to the landlord must be accompanied by either a copy of the official military orders or a written verification signed by the servicemember’s commanding officer.
(3) In the event a servicemember dies during active duty, an adult member of his or her immediate family may terminate the servicemember’s rental agreement by providing the landlord with a written notice of termination to be effective on the date stated in the notice that is at least 30 days after the landlord’s receipt of the notice. The notice to the landlord must be accompanied by either a copy of the official military orders showing the servicemember was on active duty or a written verification signed by the servicemember’s commanding officer and a copy of the servicemember’s death certificate.
(4) Upon termination of a rental agreement under this section, the tenant is liable for the rent due under the rental agreement prorated to the effective date of the termination payable at such time as would have otherwise been required by the terms of the rental agreement. The tenant is not liable for any other rent or damages due to the early termination of the tenancy as provided for in this section. Notwithstanding any provision of this section to the contrary, if a tenant terminates the rental agreement pursuant to this section 14 or more days prior to occupancy, no damages or penalties of any kind will be assessable.
(5) The provisions of this section may not be waived or modified by the agreement of the parties under any circumstances.
History.—s. 6, ch. 2001-179; s. 1, ch. 2002-4; s. 1, ch. 2003-30; s. 5, ch. 2003-72.
83.683 Rental application by a servicemember.—
(1) If a landlord requires a prospective tenant to complete a rental application before residing in a rental unit, the landlord must complete processing of a rental application submitted by a prospective tenant who is a servicemember, as defined in s. 250.01, within 7 days after submission and must, within that 7-day period, notify the servicemember in writing of an application approval or denial and, if denied, the reason for denial. Absent a timely denial of the rental application, the landlord must lease the rental unit to the servicemember if all other terms of the application and lease are complied with.
(2) If a condominium association, as defined in chapter 718, a cooperative association, as defined in chapter 719, or a homeowners’ association, as defined in chapter 720, requires a prospective tenant of a condominium unit, cooperative unit, or parcel within the association’s control to complete a rental application before residing in a rental unit or parcel, the association must complete processing of a rental application submitted by a prospective tenant who is a servicemember, as defined in s. 250.01, within 7 days after submission and must, within that 7-day period, notify the servicemember in writing of an application approval or denial and, if denied, the reason for denial. Absent a timely denial of the rental application, the association must allow the unit or parcel owner to lease the rental unit or parcel to the servicemember and the landlord must lease the rental unit or parcel to the servicemember if all other terms of the application and lease are complied with.
(3) The provisions of this section may not be waived or modified by the agreement of the parties under any circumstances.
History.—s. 1, ch. 2016-242.
