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Florida Statute 83.46 | Lawyer Caselaw & Research
F.S. 83.46 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 83.46

The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 83
LANDLORD AND TENANT
View Entire Chapter
F.S. 83.46
83.46 Rent; duration of tenancies.
(1) Unless otherwise agreed, rent is payable without demand or notice; periodic rent is payable at the beginning of each rent payment period; and rent is uniformly apportionable from day to day.
(2) If the rental agreement contains no provision as to duration of the tenancy, the duration is determined by the periods for which the rent is payable. If the rent is payable weekly, then the tenancy is from week to week; if payable monthly, tenancy is from month to month; if payable quarterly, tenancy is from quarter to quarter; if payable yearly, tenancy is from year to year.
(3) If the dwelling unit is furnished without rent as an incident of employment and there is no agreement as to the duration of the tenancy, the duration is determined by the periods for which wages are payable. If wages are payable weekly or more frequently, then the tenancy is from week to week; and if wages are payable monthly or no wages are payable, then the tenancy is from month to month. In the event that the employee ceases employment, the employer shall be entitled to rent for the period from the day after the employee ceases employment until the day that the dwelling unit is vacated at a rate equivalent to the rate charged for similarly situated residences in the area. This subsection shall not apply to an employee or a resident manager of an apartment house or an apartment complex when there is a written agreement to the contrary.
History.s. 2, ch. 73-330; s. 2, ch. 81-190; s. 2, ch. 87-195; s. 2, ch. 90-133; s. 1, ch. 93-255.

F.S. 83.46 on Google Scholar

F.S. 83.46 on Casetext

Amendments to 83.46


Arrestable Offenses / Crimes under Fla. Stat. 83.46
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 83.46.



Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE SMITH, v., 582 B.R. 556 (Bankr. D. Mass. 2018)

. . . The Debtor’s family budget, shown above, does not balance, with expenses exceeding income by $83.46. . . .

PATCHAK, v. JEWELL,, 828 F.3d 995 (D.C. Cir. 2016)

. . . . §§83.1-83.46, in 1992. . . .

PATCHAK, v. JEWELL,, 828 F.3d 995 (D.C. Cir. 2016)

. . . . §§83.1-83.46, in 1992. . . .

PATCHAK, v. JEWELL,, 424 U.S. App. D.C. 173 (D.C. Cir. 2016)

. . . . §§ 83.1-83.46, in 1992. . . .

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

. . . special jury instruction, based on what trial counsel referenced as the “relevant portions” of sections 83.46 . . .

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

. . . See § 83.46(2), Fla. Stat. . . .

In JOHNSON v., 460 B.R. 328 (Bankr. S.D. Fla. 2011)

. . . . § 83.46(1) (1993) (“[Periodic rent is payable at the beginning of each rent payment period.... ”); . . .

In BLACK ANGUS HOLDINGS, LLC,, 434 B.R. 612 (Bankr. D. Kan. 2010)

. . . SOUTH LINE OF SAID TRACT “A”; THENCE NORTH 88°02'19" EAST, ALONG THE SOUTH LINE OF SAID TRACT “A”, 83.46 . . .

MORSE, v. STATE, 604 So. 2d 496 (Fla. Dist. Ct. App. 1992)

. . . If appellant and the motel manager did not agree to a specific length of tenancy, then under section 83.46 . . .

THE FLORIDA BAR RE APPROVAL OF FORMS PURSUANT TO RULE b OF THE RULES REGULATING THE FLORIDA BAR, 591 So. 2d 594 (Fla. 1991)

. . . SOURCE: Section 83.46, Florida Statutes (1990). . . .

MARSARM CORPORATION v. HERNANDEZ, 43 Fla. Supp. 2d 53 (Fla. Cir. Ct. 1990)

. . . Chapter 83.46(3), Fla. . . .

W. J. GROSS, a k a J. v. H. J. BARTLETT, a k a, 547 So. 2d 661 (Fla. Dist. Ct. App. 1989)

. . . . § 83.46(2), Fla.Stat. (1987). . . .

HUNTER S RUN, LTD. v HOELSCHER EHRHART, 34 Fla. Supp. 2d 148 (Orange Cty. Ct. 1987)

. . . On the one hand Florida Statute 83.46(1) requires all rent be paid at the beginning of each rental period . . . Stat. 83.46(1) reveals the common law as enunciated in Wagner v Rice was changed. . . . The lease expired September 30th and this court rules Florida statute 83.46(1) modifies the common law . . . Stat. 83.46(1) modify Wagner v Rice, 97 So.2d 267 and require a tenant who is evicted to pay only the . . .

STILES v. LEMONGELLO, 10 Fla. Supp. 2d 29 (Orange Cty. Ct. 1985)

. . . It should be noted that pursuant to Florida Statute 83.46(1) and paragraph 3 of the lease the entire . . . would be apportionable day by day and the court might have reached a different result—Florida Statute 83.46 . . .

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

. . . Florida Statutes Section 83.46(3) specifically applies to a dwelling unit which is furnished as an incident . . .

CITY OF MIAMI BEACH, a v. FORTE TOWERS, INC. a, 305 So. 2d 764 (Fla. 1974)

. . . . §§ 83.46, 83.57, 83.58, and 83.59) and F.S. Ch. 731 (Florida Probate Law). . . .

v., 30 B.T.A. 503 (B.T.A. 1934)

. . . expense applicable to such bonds on August 1, 1924, was $7,207.82 and the expense of retirement was $83.46 . . .