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Florida Statute 83.43 | Lawyer Caselaw & Research
F.S. 83.43 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 83.43

The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 83
LANDLORD AND TENANT
View Entire Chapter
F.S. 83.43
83.43 Definitions.As used in this part, the following words and terms shall have the following meanings unless some other meaning is plainly indicated:
(1) “Active duty” shall have the same meaning as provided in s. 250.01.
(2) “Advance rent” means moneys paid to the landlord to be applied to future rent payment periods, but does not include rent paid in advance for a current rent payment period.
(3) “Building, housing, and health codes” means any law, ordinance, or governmental regulation concerning health, safety, sanitation or fitness for habitation, or the construction, maintenance, operation, occupancy, use, or appearance, of any dwelling unit.
(4) “Deposit money” means any money held by the landlord on behalf of the tenant, including, but not limited to, damage deposits, security deposits, advance rent deposit, pet deposit, or any contractual deposit agreed to between landlord and tenant either in writing or orally.
(5) “Dwelling unit” means:
(a) A structure or part of a structure that is rented for use as a home, residence, or sleeping place by one person or by two or more persons who maintain a common household.
(b) A mobile home rented by a tenant.
(c) A structure or part of a structure that is furnished, with or without rent, as an incident of employment for use as a home, residence, or sleeping place by one or more persons.
(6) “Early termination fee” means any charge, fee, or forfeiture that is provided for in a written rental agreement and is assessed to a tenant when a tenant elects to terminate the rental agreement, as provided in the agreement, and vacates a dwelling unit before the end of the rental agreement. An early termination fee does not include:
(a) Unpaid rent and other accrued charges through the end of the month in which the landlord retakes possession of the dwelling unit.
(b) Charges for damages to the dwelling unit.
(c) Charges associated with a rental agreement settlement, release, buyout, or accord and satisfaction agreement.
(7) “Good faith” means honesty in fact in the conduct or transaction concerned.
(8) “Landlord” means the owner or lessor of a dwelling unit.
(9) “Legal holiday” means holidays observed by the clerk of the court.
(10) “Premises” means a dwelling unit and the structure of which it is a part and a mobile home lot and the appurtenant facilities and grounds, areas, facilities, and property held out for the use of tenants generally.
(11) “Rent” means the periodic payments due the landlord from the tenant for occupancy under a rental agreement and any other payments due the landlord from the tenant as may be designated as rent in a written rental agreement.
(12) “Rental agreement” means any written agreement, including amendments or addenda, or oral agreement for a duration of less than 1 year, providing for use and occupancy of premises.
(13) “Security deposits” means any moneys held by the landlord as security for the performance of the rental agreement, including, but not limited to, monetary damage to the landlord caused by the tenant’s breach of lease prior to the expiration thereof.
(14) “Servicemember” shall have the same meaning as provided in s. 250.01.
(15) “State active duty” shall have the same meaning as provided in s. 250.01.
(16) “Tenant” means any person entitled to occupy a dwelling unit under a rental agreement.
(17) “Transient occupancy” means occupancy when it is the intention of the parties that the occupancy will be temporary.
History.s. 2, ch. 73-330; s. 1, ch. 74-143; s. 1, ch. 81-190; s. 3, ch. 83-151; s. 17, ch. 94-170; s. 2, ch. 2003-72; s. 1, ch. 2008-131; s. 18, ch. 2023-8.

F.S. 83.43 on Google Scholar

F.S. 83.43 on Casetext

Amendments to 83.43


Arrestable Offenses / Crimes under Fla. Stat. 83.43
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 83.43.



Annotations, Discussions, Cases:

Cases from cite.case.law:

MESNIKOFF, v. FQ BACKYARD TRADING, LLC,, 239 So. 3d 765 (Fla. App. Ct. 2018)

. . . Although we agree that Backyard Trading is a "landlord" under the Act, § 83.43(3), Fla. . . . See § 83.43(4), Florida Statutes (2016) (defining "tenant" as "any person entitled to occupy a dwelling . . .

BORJAS, v. VERGARA,, 232 So. 3d 1067 (Fla. Dist. Ct. App. 2017)

. . . the county court lacked subject matter jurisdiction, that there was no rental agreement under section 83.43 . . . “Section 83.43(4), Florida Statutes (2004), defines ‘tenant’ as ‘any person entitled to occupy a dwelling . . . “Moreover, section 83.43(7) defines ‘rental agreement’ as ‘any written agreement, or oral agreement if . . .

WOLF, v. STATE, 117 So. 3d 1203 (Fla. Dist. Ct. App. 2013)

. . . based on what trial counsel referenced as the “relevant portions” of sections 83.46, 83.56, 83.57, and 83.43 . . .

ATLANTIS ESTATE ACQUISITIONS, INC. v. DePIERRO, 125 So. 3d 889 (Fla. Dist. Ct. App. 2013)

. . . matter, the court ruled that the $66,000 rental payment was advance rent, within the meaning of section 83.43 . . . See § 83.43(9), Fla. . . .

In H. PENARAN,, 424 B.R. 868 (Bankr. D. Kan. 2010)

. . . his plan on June 24, 2009 to provide for 60 monthly payments, the first 26 payments in the amount of $83.43 . . . Debtor proposes to pay the sum of $83.43 for 26 months and $34.43 for 34 months. . Dkt. 21. . . . .

TOLEDO, v. ESCAMILLA,, 962 So. 2d 1028 (Fla. Dist. Ct. App. 2007)

. . . Section 83.43(4), Florida Statutes (2004), defines “tenant” as “any person entitled to occupy a dwelling . . . Moreover, section 83.43(7) defines “rental agreement” as “any written agreement, or oral agreement if . . . Toledo and her former boyfriend cannot be considered a “rental agreement” as defined in section 83.43 . . . a landlord-tenant relationship with a ‘rental agreement’ as required by Florida Statutes §§ 83.41, 83.43 . . . (6) & 83.43(7) (2004).... . . .

PETIT v. CITY OF CHICAGO, a, 352 F.3d 1111 (7th Cir. 2003)

. . . 82.82; the unstandardized score of the 30th Hispanic candidate was 80.95 and the standardized score was 83.43 . . .

PETIT, v. CITY OF CHICAGO, a, 239 F. Supp. 2d 761 (N.D. Ill. 2002)

. . . top 500 had a racially un standardized score of 80.95 (rank 774) and a racially standardized score of 83.43 . . .

PETIT, v. CITY OF CHICAGO,, 31 F. Supp. 2d 604 (N.D. Ill. 1998)

. . . top 500 had a racially un standardized score of 80.95 (rank 774) and a racially standardized score of 83.43 . . .

COFIELD v. CITY OF LAGRANGE, GEORGIA W., 969 F. Supp. 749 (N.D. Ga. 1997)

. . . Aug. 1990 83.43 8.45 .963 18.36 Von Epps State Rep. 1992 78.08 20.85 .931 6.37 Jackson President 1988 . . .

WESCH, v. HUNT,, 785 F. Supp. 1491 (S.D. Ala. 1992)

. . . 310 100.00% 24 7.74% 284 91.61% 2 0.65% 0 0.00% 0 0.00% Total Lawrence County 26,499 100.00% 22,107 83.43% . . .

PALAWSKI v. DULEY,, 50 Fla. Supp. 2d 207 (Manatee Cty. Ct. 1991)

. . . designated as rent in a written agreement, do not constitute rent as defined in Florida Statutes § 83.43 . . . unless designated as rent in a written agreement, do not constitute rent as defined in Florida Statute § 83.43 . . .

WHEELER v. BLUE LANTERN, INC., 50 Fla. Supp. 2d 158 (Lee Cty. Ct. 1991)

. . . Defendant, and after review of Florida Statutes 509.013(4)(b)l; 509.013(8); 509.141(1); 509.039 and 83.41; 83.43 . . .

FLAGSHIP PROPERTY MANAGEMENT, INC. v. MANNINGS, 46 Fla. Supp. 2d 136 (Palm Beach Cty. Ct. 1990)

. . . the amount of “rent” due under Florida Law and therefore fails to substantially comply with Sections 83.43 . . .

METROPOLITAN DISTRICT COUNCIL OF PHILADELPHIA AND VICINITY OF UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, v. CALVANESE BUILDING CORP., 735 F. Supp. 167 (E.D. Pa. 1990)

. . . Interest on said unpaid contributions amounts to $83.43. 7. . . . 16, Section 1(c) of the IFCA Agreement, defendant is liable for $286.71 in liquidated damages and $83.43 . . .

In L. NORTON, L. L. SULLIVAN, v. L. NORTON, L., 112 B.R. 932 (C.D. Ill. 1990)

. . . her one-half of that crop’s proceeds, or $12.01; the total administrative claim was calculated to be $83.43 . . .

THE HOUSING AUTHORITY OF THE CITY OF DAYTONA BEACH v. SMITH, 27 Fla. Supp. 2d 30 (Volusia Cty. Ct. 1987)

. . . However, Section 83.43(6) Florida Statutes defines rent as: “Rent means the periodic payments due the . . .

MARES v. CREDIT BUREAU OF RATON,, 801 F.2d 1197 (10th Cir. 1986)

. . . . $97.90 for ‘copying’ and $83.43 for long distance telephone. . . . The court took, without explanation, the amount of $83.43 allowed for long distance telephone costs from . . . Telephone Calls 83.43 TOTAL $15,463.81 To Mr. . . .

PATERSON, v. C. DEEB, Co. W. Co., 472 So. 2d 1210 (Fla. Dist. Ct. App. 1985)

. . . The term "dwelling unit” is defined in section 83.43(2) to mean a structure or part of a structure that . . .

In WYATT, v. MELLON MORTGAGE, INC. EAST W., 36 B.R. 783 (Bankr. S.D. Ohio 1984)

. . . the water meter reinstalled, $29.54 to repair the air conditioners, $38.16 to change the locks, and $83.43 . . .

CUNNING v. GRIFFIN, 3 Fla. Supp. 2d 127 (Lake Cty. Ct. 1983)

. . . specifically applies to a dwelling unit which is furnished as an incident of employment, and Section 83.43 . . .

BARCELONA WEST v. ELLIS, 4 Fla. Supp. 2d 71 (Orange Cty. Ct. 1983)

. . . Plaintiff correctly points out that pursuant to Florida Statute 83.43(6), late charges could be considered . . . Florida Statute 83.43(6): “rent” means the periodic payments due the landlord from the tenant for occupancy . . .

STATE v. DE ANZA CORPORATION, d b a De, 416 So. 2d 1173 (Fla. Dist. Ct. App. 1982)

. . . “good faith” is defined in section 671.201(19), Florida Statutes (1981), identically as in section 83.43 . . .

HOCHE v. BERRY, 5 Fla. Supp. 2d 110 (Orange Cty. Ct. 1981)

. . . rent in a written agreement, do not constitute rent under the definition of Florida Statutes Section 83.43 . . .

SOLOMON, d b a v. GENTRY, 388 So. 2d 52 (Fla. Dist. Ct. App. 1980)

. . . thereby precluding application of the Florida Residential Landlord and Tenant Act, Section 83.42(3) and 83.43 . . .

N. NELSON, v. O. E. SERWOLD N. NELSON, v. O. E. SERWOLD, 576 F.2d 1332 (9th Cir. 1978)

. . . The court awarded $3,003.48 ($83.43 per share) plus interest and costs. . . .

A. L. MULLINS, Jr. v. NOLAND COMPANY, 406 F. Supp. 206 (N.D. Ga. 1975)

. . . Here’s another one billed on October 15th covering some GE equipment for $83.43. . . .

CHRISTIERNIN L. v. E. MANNING,, 138 F. Supp. 923 (D.N.J. 1956)

. . . at his death his wife, Regina Scott-Hall Christiemin, if she survived him, would receive the sum of $83.43 . . .