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Florida Statute 83.56 | Lawyer Caselaw & Research
F.S. 83.56 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 83
LANDLORD AND TENANT
View Entire Chapter
F.S. 83.56
83.56 Termination of rental agreement.
(1) If the landlord materially fails to comply with s. 83.51(1) or material provisions of the rental agreement within 7 days after delivery of written notice by the tenant specifying the noncompliance and indicating the intention of the tenant to terminate the rental agreement by reason thereof, the tenant may terminate the rental agreement. If the failure to comply with s. 83.51(1) or material provisions of the rental agreement is due to causes beyond the control of the landlord and the landlord has made and continues to make every reasonable effort to correct the failure to comply, the rental agreement may be terminated or altered by the parties, as follows:
(a) If the landlord’s failure to comply renders the dwelling unit untenantable and the tenant vacates, the tenant shall not be liable for rent during the period the dwelling unit remains uninhabitable.
(b) If the landlord’s failure to comply does not render the dwelling unit untenantable and the tenant remains in occupancy, the rent for the period of noncompliance shall be reduced by an amount in proportion to the loss of rental value caused by the noncompliance.
(2) If the tenant materially fails to comply with s. 83.52 or material provisions of the rental agreement, other than a failure to pay rent, or reasonable rules or regulations, the landlord may:
(a) If such noncompliance is of a nature that the tenant should not be given an opportunity to cure it or if the noncompliance constitutes a subsequent or continuing noncompliance within 12 months of a written warning by the landlord of a similar violation, deliver a written notice to the tenant specifying the noncompliance and the landlord’s intent to terminate the rental agreement by reason thereof. Examples of noncompliance which are of a nature that the tenant should not be given an opportunity to cure include, but are not limited to, destruction, damage, or misuse of the landlord’s or other tenants’ property by intentional act or a subsequent or continued unreasonable disturbance. In such event, the landlord may terminate the rental agreement, and the tenant shall have 7 days from the date that the notice is delivered to vacate the premises. The notice shall be in substantially the following form:

You are advised that your lease is terminated effective immediately. You shall have 7 days from the delivery of this letter to vacate the premises. This action is taken because   (cite the noncompliance)  .

(b) If such noncompliance is of a nature that the tenant should be given an opportunity to cure it, deliver a written notice to the tenant specifying the noncompliance, including a notice that, if the noncompliance is not corrected within 7 days from the date that the written notice is delivered, the landlord shall terminate the rental agreement by reason thereof. Examples of such noncompliance include, but are not limited to, activities in contravention of the lease or this part such as having or permitting unauthorized pets, guests, or vehicles; parking in an unauthorized manner or permitting such parking; or failing to keep the premises clean and sanitary. If such noncompliance recurs within 12 months after notice, an eviction action may commence without delivering a subsequent notice pursuant to paragraph (a) or this paragraph. The notice shall be in substantially the following form:

You are hereby notified that   (cite the noncompliance)  . Demand is hereby made that you remedy the noncompliance within 7 days of receipt of this notice or your lease shall be deemed terminated and you shall vacate the premises upon such termination. If this same conduct or conduct of a similar nature is repeated within 12 months, your tenancy is subject to termination without further warning and without your being given an opportunity to cure the noncompliance.

(3) If the tenant fails to pay rent when due and the default continues for 3 days, excluding Saturday, Sunday, and legal holidays, after delivery of written demand by the landlord for payment of the rent or possession of the premises, the landlord may terminate the rental agreement. Legal holidays for the purpose of this section shall be court-observed holidays only. The 3-day notice shall contain a statement in substantially the following form:

You are hereby notified that you are indebted to me in the sum of   dollars for the rent and use of the premises   (address of leased premises, including county)  , Florida, now occupied by you and that I demand payment of the rent or possession of the premises within 3 days (excluding Saturday, Sunday, and legal holidays) from the date of delivery of this notice, to wit: on or before the   day of  ,   (year)  .

  (landlord’s name, address and phone number)  

(4) The delivery of the written notices required by subsections (1), (2), and (3) shall be by mailing or delivery of a true copy thereof or, if the tenant is absent from the premises, by leaving a copy thereof at the residence. The notice requirements of subsections (1), (2), and (3) may not be waived in the lease.
(5)(a) If the landlord accepts rent with actual knowledge of a noncompliance by the tenant or accepts performance by the tenant of any other provision of the rental agreement that is at variance with its provisions, or if the tenant pays rent with actual knowledge of a noncompliance by the landlord or accepts performance by the landlord of any other provision of the rental agreement that is at variance with its provisions, the landlord or tenant waives his or her right to terminate the rental agreement or to bring a civil action for that noncompliance, but not for any subsequent or continuing noncompliance. However, a landlord does not waive the right to terminate the rental agreement or to bring a civil action for that noncompliance by accepting partial rent for the period. If partial rent is accepted after posting the notice for nonpayment, the landlord must:
1. Provide the tenant with a receipt stating the date and amount received and the agreed upon date and balance of rent due before filing an action for possession;
2. Place the amount of partial rent accepted from the tenant in the registry of the court upon filing the action for possession; or
3. Post a new 3-day notice reflecting the new amount due.
(b) Any tenant who wishes to defend against an action by the landlord for possession of the unit for noncompliance of the rental agreement or of relevant statutes must comply with s. 83.60(2). The court may not set a date for mediation or trial unless the provisions of s. 83.60(2) have been met, but must enter a default judgment for removal of the tenant with a writ of possession to issue immediately if the tenant fails to comply with s. 83.60(2).
(c) This subsection does not apply to that portion of rent subsidies received from a local, state, or national government or an agency of local, state, or national government; however, waiver will occur if an action has not been instituted within 45 days after the landlord obtains actual knowledge of the noncompliance.
(6) If the rental agreement is terminated, the landlord shall comply with s. 83.49(3).
History.s. 2, ch. 73-330; s. 23, ch. 82-66; s. 6, ch. 83-151; s. 14, ch. 83-217; s. 6, ch. 87-195; s. 6, ch. 93-255; s. 6, ch. 94-170; s. 1373, ch. 95-147; s. 5, ch. 99-6; s. 8, ch. 2013-136.

F.S. 83.56 on Google Scholar

F.S. 83.56 on Casetext

Amendments to 83.56


Arrestable Offenses / Crimes under Fla. Stat. 83.56
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 83.56.



Annotations, Discussions, Cases:

Cases from cite.case.law:

STEPHENS- WILLIAMS SM v. JOHNSON,, 181 So. 3d 577 (Fla. Dist. Ct. App. 2016)

. . . an evidentiary hearing on her contention that the landlord’s three-day notice, required by section 83.56 . . .

NOIMBIE, v. HARVEY,, 137 So. 3d 606 (Fla. Dist. Ct. App. 2014)

. . . complaint for tenant eviction against tenant Joyce Noimbie, alleging nonpayment of rent pursuant to section 83.56 . . .

UNITED STATES v. YOUNG,, 960 F. Supp. 2d 881 (N.D. Iowa 2013)

. . . H Soutli Dakota Nebraska Arkansas, W 149 73 49% 61 83.56% 107 53 50% 42 79.25% 191 79 41% 36 45.57% 57 . . . 6 211 80 38% 7.50% 86 40 47% 5.00% 75 25 33% 4.00% 219 64 29% 3,13% 43 18 42% 0.00% 606 177 83.56% 28.27% . . . A (Guam at 100%, N.D. of Florida at 86.96%, S.D. of Iowa at 83.56%, N.D. of Iowa at 79.25%, C.D. of Illinois . . .

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

. . . jury instruction, based on what trial counsel referenced as the “relevant portions” of sections 83.46, 83.56 . . . specific duration may be terminated by either party giving written notice in the manner provided in s. 83.56 . . .

CHEVRON U. S. A. INC. v. UNITED STATES,, 110 Fed. Cl. 747 (Fed. Cl. 2013)

. . . On February 11, 1997, the Equity IPE issued a Provisional Recommendation apportioning 83.56% of Dry Gas . . .

PLAKHOV, v. SEROVA,, 126 So. 3d 1221 (Fla. Dist. Ct. App. 2012)

. . . Moreover, the Tenant never gave the Landlord the notice to cure required by section 83.56(1) which is . . . failure of the landlord to comply “with s. 83.51(1) or material provisions of the rental agreement.” § 83.56 . . .

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

. . . . § 83.56(5) (1999) (“If the landlord accepts rent with actual knowledge of a noncompliance by the tenant . . .

In REVISIONS TO SIMPLIFIED FORMS PURSUANT TO RULE A OF RULES REGULATING THE FLORIDA BAR, 50 So. 3d 503 (Fla. 2010)

. . . SOURCE: Section 83.56(3) and (4), Florida Statutes (19952007). . . . circumstances where the Tenant must be given the opportunity to remedy the violation, see Florida Statutes 83.56 . . . and 83.56 Florida Statute (1995Statutes (2007). . . . SOURCE: Section-83£6, Sections 83.56 and 83.60, Florida Statutes (49852007). . . . [list non-compliance violations or default] This letter is sent to you pursuant to Florida Statute 83.56 . . .

BROWN, v. ASWAN VILLAS APARTMENTS LIMITED PARTNERSHIP,, 705 So. 2d 1043 (Fla. Dist. Ct. App. 1998)

. . . . § 83.56(3), Fla. Stat. (1995). . . .

BELL, v. A. KORNBLATT,, 705 So. 2d 113 (Fla. Dist. Ct. App. 1998)

. . . She argues that the eviction was predicated on a three-day notice that did not conform, to section 83.56 . . . assuming that the three-day notice failed to substantially comply with the requirements of section 83.56 . . .

VOLKSBANK REGENSBURG eG, v. L. BURGER,, 703 So. 2d 538 (Fla. Dist. Ct. App. 1997)

. . . Bentley, 480 So.2d 219 (Fla. 5th DCA 1985), in which rule 1.090(e) was applied to a section 83.56(8) . . .

In SORRENTO S I, INC., 195 B.R. 502 (Bankr. M.D. Fla. 1996)

. . . The issue before this Court involves the construction of Florida Statute § 83.56(5) (1993) which governs . . . a waiver of the right to terminate the Lease under Paragraph 12 of the Lease and Florida Statute § 83.56 . . .

In PAVCO ENTERPRISES, INC., 172 B.R. 114 (Bankr. M.D. Fla. 1994)

. . . which governs the relationship between landlords of tenants of commercial leases, Florida Statute § 83.56 . . . These provisions are codified, to some extent, by the default provision of the Florida Statute, § 83.56 . . . lease because the landlord did not comply with the three-day notice provision of Florida Statute § 83.56 . . .

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

. . . Section 83.56(2)(a), Florida Statutes (1989), authorizes a landlord to terminate a tenancy for “continued . . . Section 83.56(3), Florida Statutes (1989), makes nonpayment of rent the basis for termination, but only . . .

KINGSTON SQUARE TENANTS ASSOCIATION, v. TUSKEGEE GARDENS, LTD. A., 792 F. Supp. 1566 (S.D. Fla. 1992)

. . . the Plaintiffs have failed to plead compliance with the notice requirement of Florida Statute Section 83.56 . . .

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 83.56(3), Florida Statutes (1990). . . . all future rental payments: [list violations] This letter is sent to you pursuant to Florida Statute 83.56 . . . SOURCE: Section 83.56, Florida Statutes (1990). . . .

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

. . . jurisdictionally defective in that it does not substantially comply with the provisions of Florida Statutes § 83.56 . . . their payment cannot be properly demanded in a 3-Day Notice to pay rent or vacate the premises under § 83.56 . . . their payment cannot be properly demanded in a 3-day Notice to pay rent or vacate the premises under § 83.56 . . .

GARCIA v. RUIZ, 50 Fla. Supp. 2d 176 (Dade Cty. Ct. 1991)

. . . specifically the date by which the defendant was required to tender rent or vacate as required by § 83.56 . . . defendant that the three day period excludes Saturdays, Sundays and legal holidays as required by § 83.56 . . . be allowed to file a new case upon meeting the necessary preconditions to a statutory action under § 83.56 . . .

COOK v. ARROWHEAD MOBILE HOME COMMUNITY, 50 Fla. Supp. 2d 26 (Fla. Cir. Ct. 1991)

. . . Fourth, the three-day notice was defective on its face under Florida Statute 83.56(3). . . . Section 83.56(a), Florida Statutes provides: “(3): If the tenant fails to pay rent when due and the default . . .

RUBARR, LTD. v. HUNTER, 49 Fla. Supp. 2d 88 (Broward Cty. Ct. 1991)

. . . Florida Statute 83.56(3) requires the Plaintiff, in its three-day notice, to state with specificity the . . .

LINKER v. ROSSE ZAGER, 49 Fla. Supp. 2d 22 (Fla. Cir. Ct. 1991)

. . . certain defects in the premises is entitled to be served with a written notice under Florida Statute 83.56 . . . Similarly Florida Statute 83.56(2)(b) requires a landlord as a condition precedent to bringing an eviction . . . In this instance, Florida Statute 83.56(1) provides: “(1) If the landlord materially fails to comply . . . The record is clear, however, that the appellees (tenants) did not comply with Florida Statute 83.56( . . . Under that circumstance notice under 83.56(1) is indeed unnecessary. . . .

C. MOSKOWITZ, v. ASLAM,, 575 So. 2d 1367 (Fla. Dist. Ct. App. 1991)

. . . for residential eviction and past due rent because the three day letter served pursuant to section 83.56 . . . admonition that “[t]he 3-day notice shall contain a statement in substantially” the form stated. § 83.56 . . . a cash payment for back rent owed in the mandatory three (3) day notice pursuant to Florida Statute 83.56 . . . rather untenable result which I don’t believe was intended by the legislature when it enacted F.S. 83.56 . . . notice requiring that payment be made in cash is in substantial compliance with the intent of F.S. 83.56 . . .

WALTON, v. MANNING, 46 Fla. Supp. 2d 132 (Palm Beach Cty. Ct. 1991)

. . . The first paragraph of the notice tracked the statutory language of section 83.56(3), Florida Statutes . . . Section 83.56(3), Florida Statutes (1989) provides for a 3 day notice before a landlord may terminate . . . The notice required by section 83.56(3) is set forth in the statute. . . .

WALTON, v. LEWIS, 48 Fla. Supp. 2d 208 (Palm Beach Cty. Ct. 1991)

. . . written demand for payment or possession substantially in the form dictated by Florida Stautes Section 83.56 . . . seeks to terminate the tenancy if rent is not paid, in contravention of both Florida Statutes Section 83.56 . . .

WALTON, v. LEWIS, 46 Fla. Supp. 2d 138 (Palm Beach Cty. Ct. 1991)

. . . written demand for payment or possession substantially in the form dictated by Florida Statutes Section 83.56 . . . seeks to terminate the tenancy if rent is not paid, in contravention of both Florida Statutes Section 83.56 . . .

LAWSON v. ALVEREZ, 47 Fla. Supp. 2d 160 (Manatee Cty. Ct. 1990)

. . . tenant a written demand for payment of the rent or possession of the premises in accordance with F.S. 83.56 . . .

LAWSON v. ALVEREZ, 46 Fla. Supp. 2d 94 (Manatee Cty. Ct. 1990)

. . . tenant a written demand for payment of the rent or possession of the premises in accordance with F.S. 83.56 . . .

MOSKOWITZ v. ASLAN DOE, 45 Fla. Supp. 2d 46 (Fla. Cir. Ct. 1990)

. . . three day notice was not in substantial compliance with the statutory form required by Florida Statute 83.56 . . . A provision for cash payment is not a requirement of Florida Statute 83.56(3). . . . a cash payment for back rent owed in the mandatory three (3) day notice pursuant to Florida Statute 83.56 . . . rather untenable result which I don’t believe was intended by the legislature when it enacted F.S. 83.56 . . . S. 83.56(3). . . .

SWEZY v. RAMOS, 45 Fla. Supp. 2d 181 (Dade Cty. Ct. 1990)

. . . the alleged noncompliance by the tenant and thus waived his right to bring an eviction action under 83.56 . . .

LABRADA v. BARRIOS, 44 Fla. Supp. 2d 140 (Dade Cty. Ct. 1990)

. . . tenant a written demand for payment of the rent .or possession of the premises in accordance with § 83.56 . . .

VINNER v. MASON,, 44 Fla. Supp. 2d 142 (Pinellas Cty. Ct. 1990)

. . . Plaintiffs’ Complaint fails to state a cause of action in that the prerequisite notice required by § 83.56 . . .

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

. . . “rent” due under Florida Law and therefore fails to substantially comply with Sections 83.43(6) and 83.56 . . . that the appropriate means of collecting retroactive rent, under state law was pursuant to section 83.56 . . .

NODLAND v. HUGGINS, 44 Fla. Supp. 2d 90 (Fla. Cir. Ct. 1990)

. . . jurisdictionally defective in that it fails to substantially comply with the requirements of Section 83.56 . . . A notice in substantial compliance with Section 83.56(3), Florida Statutes, is a condition precedent . . . right to remain on the premises if the rent due and requested is timely paid, as is required by Section 83.56 . . . Thus Plaintiff’s notice fails to substantially comply with the requirements of Section 83.56(3), Florida . . .

MARCRUM MANAGEMENT CO. v. PHILLIPS, 40 Fla. Supp. 2d 198 (Fla. Cty. Ct. 1990)

. . . Procedure applies to the delivery of the notice to pay rent or vacate which is mailed under section 83.56 . . .

METROPOLITAN DADE COUNTY, v. DANSEY, 43 Fla. Supp. 2d 169 (Dade Cty. Ct. 1990)

. . . specifically state the date on which the defendant was required to tender the rent as required by § 83.56 . . . The plaintiff has argued that the requirements of § 83.56(3) do not apply because the plaintiff is governed . . . be allowed to file a new case upon meeting the necessary preconditions to a statutory action under § 83.56 . . .

BENJAMIN v. FLEISCHMAN, 40 Fla. Supp. 2d 7 (Fla. Cir. Ct. 1990)

. . . . § 83.56(1), provide the landlord with written notice of non-compliance and indicate an intention to . . . judgment for the landlord as the tenant failed to cure his arrears within the 3 days prescribed by F.S. § 83.56 . . . The landlord may, pursuant to Florida Statute § 83.56(3), terminate the rental agreement if default continues . . .

METROPOLITAN DADE COUNTY, v. DANSEY, 39 Fla. Supp. 2d 216 (Fla. Cty. Ct. 1990)

. . . specifically state the date on which the defendant was required to tender the rent as required by § 83.56 . . . The plaintiff has argued that the requirements of § 83.56(3) do not apply because plaintiff is governed . . . be allowed to file a new case upon meeting the necessary preconditions to a statutory action under § 83.56 . . .

NEW CITRUS PARK APARTMENTS v. JACKSON, 38 Fla. Supp. 2d 191 (Broward Cty. Ct. 1990)

. . . The notice has failed to comply with section 83.56(3), Florida Statutes, in that it included charges . . . includes late fees is not sufficient to terminate a tenancy for non-payment of rent, pursuant to section 83.56 . . . defective because late fees are not considered rent and thus the notice failed to comply with section 83.56 . . .

BELKIN v. ROBINSON, 38 Fla. Supp. 2d 188 (Broward Cty. Ct. 1989)

. . . Plaintiffs Complaint for Tenant Eviction based upon waiver of right to an eviction pursuant to section 83.56 . . . Chapter 83, Florida Statutes, specifically section 83.56(5), gov-ems this proceeding since the issue . . . For the purposes, of section 83.56(5), Florida Statutes, receipt of all rent owing without payment of . . . To avoid the consequences of the waiver statute (section 83.56(5), Florida Statutes), rent monies must . . . November 16, 1989, rent check in the amount of $227.00 constitutes a waiver for the purposes of section 83.56 . . .

THE COLONY II ASSOCIATES, LTD. v. CROCKI In, 37 Fla. Supp. 2d 138 (Fla. Cty. Ct. 1989)

. . . (See Florida Statutes § 83.56(3) and § 83.56(4)). 6. . . .

GENE B. GLICK CO. INC. v. OLIVER,, 36 Fla. Supp. 2d 208 (Broward Cty. Ct. 1989)

. . . — specifically, on July 19, 1989 — and that Plaintiff should have been barred by Florida Statutes § 83.56 . . . While it is true that Florida Statutes § 83.56(5) provides that a landlord who accepts rent with actual . . .

CUMMINGS v GILES, 34 Fla. Supp. 2d 117 (Broward Cty. Ct. 1989)

. . . . § 83.56(3) in that: a. . . . The Defendants relied on the second notice dated April 5, 1989, which notice must comply with F.S. § 83.56 . . .

WILLIAMS v. MOORER, 39 Fla. Supp. 2d 165 (Fla. Cty. Ct. 1989)

. . . amount of overdue rent and a choice of paying that amount or vacating the premises as required by § 83.56 . . .

A. CASAVAN, v. LAND O LAKES REALTY, INC. OF LEESBURG,, 542 So. 2d 371 (Fla. Dist. Ct. App. 1989)

. . . I agree with the majority opinion that section 83.56 does not apply to this lawsuit either, because it . . . 396 (Fla. 5th DCA 1980), rev. denied, 392 So.2d 1377 (Fla.1981), and cases cited therein. .Section 83.56 . . . , Florida Statutes (1985) states: 83.56 Remedies; termination of rental agreement. ****** (2) If the . . .

WOODWINDS ASSOC. LTD. v PORTER, 30 Fla. Supp. 2d 29 (Manatee Cty. Ct. 1988)

. . . the end of a lease term for a material noncompliance must also adhere to the provisions of Chapter 83.56 . . . That the Plaintiff failed to comply with Chapter 83.56 in that the termination notice attached to the . . .

PALM BEACH COUNTY LEASED HOUSING CORPORATION, INC. v. MURRELL, 29 Fla. Supp. 2d 11 (Volusia Cty. Ct. 1988)

. . . acceptance of rent from the Department of Housing and Urban Development constitutes a waiver under § 83.56 . . . Section 83.56(5) of the Act provides: If a landlord accepts rent with actual knowledge of a noncompliance . . . In the case at bar, the landlord waived its right to evict the tenant, pursuant to § 83.56(5), Fla. . . . behalf of a tenant constitutes a waiver of his right to terminate Defendant’s subsidized tenancy under § 83.56 . . .

P N ENTERPRISES, INC. v. LAMPCOMB, 27 Fla. Supp. 2d 57 (Osceola Cty. Ct. 1988)

. . . that Plaintiff’s notice was defective and not in substantial compliance with Florida Statutes Chapter 83.56 . . . Complaint where Plaintiffs notice to pay was not in substantial compliance with Florida Statutes Chapter 83.56 . . .

DADE COUNTY v. MALLOY, 27 Fla. Supp. 2d 1 (Dade Cty. Ct. 1988)

. . . Florida Statutes, Section 83.56, and federal regulations, 24 CFR 966.4(L), require that a tenant receive . . .

WILSON v. COGEN,, 26 Fla. Supp. 2d 161 (Fla. Cir. Ct. 1988)

. . . See Sec. 83.56(5), Fla. Stat. (1985). . . .

MASON v. WILLIAMS, 28 Fla. Supp. 2d 9 (Polk Cty. Ct. 1987)

. . . Defendant served a seven-day notice on plaintiff pursuant to sections 83.56(1) and 83.60(1). 5. . . .

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

. . . Florida statute 83.56(1) permits a tenant to withhold rent if the landlord fails to comply with Florida . . . Stat. 83.56 if a landlord makes a good faith, but unsuccessful effort, to make the necessary repairs . . . Stat. 83.56(5) see also K.D. Lewis Enterprises v Smith, 445 So.2d 1032 (Fla. 5th DCA 1984) Mr. . . . Stat. 83.56(1) Fla. Stat. 83.56(3) Fla. Stat. 83.59 Fla. . . . Stat. 83.56(5) holds a tenant who pays rent with actual knowledge of a noncompliance waives his right . . .

ASH v. DADE COUNTY,, 18 Fla. Supp. 2d 185 (Fla. Cir. Ct. 1986)

. . . was duly notified of her arrears by a fourteen day notice to pay or vacate possession pursuant to § 83.56 . . . the trial judge, specifically stating he was adhering to a strict construction of the provision of § 83.56 . . .

REXMERE LAKE VILLAGE MANAGEMENT, INC. v. SIGNOR, 20 Fla. Supp. 2d 67 (Broward Cty. Ct. 1986)

. . . applies to the delivery of the notice to pay rent or vacate that is mailed under the authority of section 83.56 . . .

CARAVAN APARTMENTS, v. HOLMES, 18 Fla. Supp. 2d 15 (Duval Cty. Ct. 1986)

. . . acceptance of rent from the Department of Housing and Urban Development constitutes a waiver under § 83.56 . . . Section 83.56(5) of the Act provides: If a landlord accepts rent with actual knowledge of a non-compliance . . . In the case at bar, the landlord waived its right to evict the tenant, pursuant to § 83.56(5), Florida . . . CONCLUSION This Court rules that acceptance of HUD rental payments constitutes a waiver under Sec. 83.56 . . .

JOHNSON v. KALLIOINEN, 16 Fla. Supp. 2d 86 (Fla. Cir. Ct. 1986)

. . . vested in the trial court by virtue of the Appellee’s failure to comply with the requirements of Section 83.56 . . .

MIHALEY v. WHITE, 15 Fla. Supp. 2d 57 (Fla. Cty. Ct. 1986)

. . . Section 83.56(3) (1985). . . . Chapter 83.56(3), Florida Statutes (1985), provides that the landlord may terminate a lease for nonpayment . . . Section 83.56(3) (1985). . . .

MULTACH v. SNIPES, 15 Fla. Supp. 2d 52 (Fla. Cty. Ct. 1986)

. . . Rather, Section 83.56(3) introduces the form with the language that the “3-day notice shall contain a . . . The predecessor statute to Section 83.56 (Section 5399, Compiled General Laws of Florida 1927) did not . . . Because Section 83.56 amounts to a modification of the common law rule, Baker cannot be read as construing . . . following issue raised in Defendant’s Motion to Dismiss as being of great public importance: Does Section 83.56 . . .

INVESTMENT AND INCOME REALTY, INC. v. BENTLEY,, 480 So. 2d 219 (Fla. Dist. Ct. App. 1985)

. . . which applies to delivery of notice by mail, extended the three day notice period required by sections 83.56 . . . delivery of the notice to pay rent or vacate that is mailed under the authority of Florida Statute 83.56 . . . agreement after a tenant fails to comply within three days to a written demand for payment of rent, § 83.56 . . . Delivery of the landlord’s demand is governed by section 83.56(4), Florida Statutes (1983), which provides . . . We decline to answer the second certified question as to whether section 83.56(5), Florida Statutes ( . . .

McLENNAN v. ROZNIAK, 15 Fla. Supp. 2d 42 (Fla. Cty. Ct. 1985)

. . . did not properly terminate their lease because they failed to give the notice required under Section 83.56 . . . Defendants’ failure to comply with the notice provisions of Section 83.56 prevents them from raising . . .

ROYAL AMERICAN MANAGEMENT, INC. v. GODFREY, 14 Fla. Supp. 2d 56 (Orange Cty. Ct. 1985)

. . . Stat. 83.56(2)(b). . . . STAT. 83.56(5)? . . . Stat. 83.56(5) “If a landlord accepts rent without actual knowledge of a noncompliance by the tenant . . . Stat. 83.56(5) was passed in 1973 prior to the implementation of the Section 8 subsidy program. . . . Stat. 83.56(5). . . .

FOREST GLEN TOWNHOME ASSOCIATES, LTD. v. GARDNER, 16 Fla. Supp. 2d 10 (Volusia Cty. Ct. 1985)

. . . Section 83.56, F.S. provides for a three day written notice for nonpayment of rent. . . . Section 4 of F.S. 83.56 provides for the delivery of a true copy thereof. . . . (F.S. 83.56(3) Hunt v. Hiland, 366 So.2d 2742. . . . The Court finds that the notice mailed by the plaintiff failed to comply with $83.56(3)(4), F.S. and . . .

ROYAL AMERICAN MANAGEMENT, INC. v. GODFREY, 11 Fla. Supp. 2d 115 (Orange Cty. Ct. 1985)

. . . Issue 2 Does the landlord’s Notice comply with the notice requirements in Florida Statute 83.56(2)(b) . . . According to F.S. 83.56(2)(b) a landlord’s notice is adequate if it substantially contains the following . . . The court agrees with Judge Halker’s decision that the purpose of Florida Statute 83.56(2)(b) is to warn . . . that is the standard at common law, the legislature only requires substantial compliance with F.S. 83.56 . . . Stat. 83.56(2)(b) for the occurrence which took place on November 29th. . . .

SMITH v. ROOY,, 11 Fla. Supp. 2d 53 (Orange Cty. Ct. 1985)

. . . Stat. 83.56(1) of intent to terminate to rental agreement by reason of the Plaintiff’s failure to make . . . participated in a tenants’ organization; or (c) The tenant has complained to the landlord pursuant to s. 83.56 . . . Stat. 83.56(1) are protected. . . . Stat. 83.56. See K.D. Lewis Enterprises Corp. v. Smith, 445 So.2d 1032 (Fla. 5th DCA 1964). . . .

INVESTMENT INCOME REALTY, INC. v. BENTLEY, 10 Fla. Supp. 2d 40 (Orange Cty. Ct. 1985)

. . . Although Florida Statutes 83.56(4) permits delivery of the 3-day notice under Florida Statute 83.56(3 . . . Stat. 83.56(5) or indeed of any provision of the Landlord-Tenant Act. . . . Stat. 83.56(3) as well as Rule 1.090(a). . . . Stat. 83.56(2). . . . Stat. 83.56, including the failure to pay rent in subsection (3). . . .

ROYAL AMERICAN MANAGEMENT, INC. v. PAULEY, 9 Fla. Supp. 2d 59 (Fla. Cty. Ct. 1985)

. . . Florida Statute 83.56(2) (1983) provides: (2) If the tenant materially fails to comply with s. 83.52 . . . The Court holds, however, that under Florida Statute 83.56(2) (1983) a rental agreement may not be terminated . . . written warning of the prior noncompliance is in substantially the form set forth in Florida Statute 83.56 . . . Prior to 1983, Florida Statute 83.56(2) did not provide for termination of the rental agreement for noncompliance . . . noncompliance served on the Defendant in this case does not comply with the notice required by Florida Statute 83.56 . . .

INVESTMENT INCOME REALTY, INC. v. BARKLEY, 9 Fla. Supp. 2d 51 (Fla. Cty. Ct. 1985)

. . . Florida Statutes 83.56(5). . . .

THE HOUSING AUTHORITY OF THE CITY OF ORLANDO, FLORIDA v. ODUMES, 6 Fla. Supp. 2d 240 (Orange Cty. Ct. 1984)

. . . Florida law at F.S. 83.56(4) only allows posting of notices when the tenant is absent from his usual . . .

K. D. LEWIS ENTERPRISES CORPORATION, INC. a v. SMITH,, 445 So. 2d 1032 (Fla. Dist. Ct. App. 1984)

. . . have elapsed after the delivery of written notice by the tenant to the landlord as prescribed in s.83.56 . . . would grant a directed verdict to certain issues regarding the requirements of notice under section 83.56 . . . for diminishment in the value of the premises, it is necessary for the tenant to comply with section 83.56 . . . To accept the tenants’ argument that the notice under section 83.56 is not required because they framed . . .

DEBRA v. DUNTON, 4 Fla. Supp. 2d 75 (Orange Cty. Ct. 1983)

. . . failed to make all necessary repairs within the alloted seven (7) days as required by Florida Statute 83.56 . . . CONCLUSIONS OF LAW Florida Statute 83.56(1) fails to specify whether a tenant is permitted a send a seven . . . Florida Statute 83.56(5) makes clear that if the tenant does pay rent, he waives his right to complain . . .

BURNSTEIN v. CONDOMINIUM, INC., 2 Fla. Supp. 2d 183 (Fla. Cir. Ct. 1983)

. . . appellant to be affected by an eviction proceeding proper notice must be given pursuant to Chapter 83.56 . . . Condominium Association which the appellant’s behavior and failed to comply with the provisions of Chapter 83.56 . . .

POOLE v. MELTON, 5 Fla. Supp. 2d 103 (Orange Cty. Ct. 1983)

. . . Florida Statute 83.56(5). . . . However, the landlord failed to raise Florida Statute 83.56(5) as an affirmative defense and hence, it . . . off” for future rent constitutes a “civil action for noncompliance” for purposes of Florida Statute 83.56 . . .

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

. . . The notice requirements to evict for non-payment of rent are set forth at Florida Statutes 83.56(3). . . . The landlord’s remedy for eviction would thus fall under Florida Statute 83.56(2) not 83.56(3). . . .

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

. . . sufficient to terminate a residential tenancy for non-payment of rent pursuant to Florida Statutes Section 83.56 . . . their payment cannot properly be demanded in a 3-day notice to pay or vacate the premises under Section 83.56 . . .

H. BASS, v. R. WOLLITZ,, 384 So. 2d 704 (Fla. Dist. Ct. App. 1980)

. . . Section 83.56(5), Florida Statutes (1979): [I]f the tenant pays rent with actual knowledge of a noncompliance . . .

JONES v. STYLES, 46 Fla. Supp. 175 (Palm Beach Cty. Ct. 1977)

. . . Florida Statute §83.56(3). . . .

BOWLES v. BLUE LAKE DEVELOPMENT CORPORATION,, 504 F.2d 1094 (5th Cir. 1974)

. . . have elapsed after the delivery of written notice by the tenant to the landlord as prescribed in § 83.56 . . .

GUSTINE LAND CATTLE CO. INC. ET AL. v. THE UNITED STATES, 174 Ct. Cl. 556 (Ct. Cl. 1966)

. . . were developed for irrigation, so that at the time of trial in 1961, 250 acres were irrigated, and 83.56 . . .