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Florida Statute 83.59 | Lawyer Caselaw & Research
F.S. 83.59 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 83.59

The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 83
LANDLORD AND TENANT
View Entire Chapter
F.S. 83.59
83.59 Right of action for possession.
(1) If the rental agreement is terminated and the tenant does not vacate the premises, the landlord may recover possession of the dwelling unit as provided in this section.
(2) A landlord, the landlord’s attorney, or the landlord’s agent, applying for the removal of a tenant, shall file in the county court of the county where the premises are situated a complaint describing the dwelling unit and stating the facts that authorize its recovery. A landlord’s agent is not permitted to take any action other than the initial filing of the complaint, unless the landlord’s agent is an attorney. The landlord is entitled to the summary procedure provided in s. 51.011, and the court shall advance the cause on the calendar.
(3) The landlord shall not recover possession of a dwelling unit except:
(a) In an action for possession under subsection (2) or other civil action in which the issue of right of possession is determined;
(b) When the tenant has surrendered possession of the dwelling unit to the landlord;
(c) When the tenant has abandoned the dwelling unit. In the absence of actual knowledge of abandonment, it shall be presumed that the tenant has abandoned the dwelling unit if he or she is absent from the premises for a period of time equal to one-half the time for periodic rental payments. However, this presumption does not apply if the rent is current or the tenant has notified the landlord, in writing, of an intended absence; or
(d) When the last remaining tenant of a dwelling unit is deceased, personal property remains on the premises, rent is unpaid, at least 60 days have elapsed following the date of death, and the landlord has not been notified in writing of the existence of a probate estate or of the name and address of a personal representative. This paragraph does not apply to a dwelling unit used in connection with a federally administered or regulated housing program, including programs under s. 202, s. 221(d)(3) and (4), s. 236, or s. 8 of the National Housing Act, as amended.
(4) The prevailing party is entitled to have judgment for costs and execution therefor.
History.s. 2, ch. 73-330; s. 1, ch. 74-146; s. 24, ch. 82-66; s. 1, ch. 92-36; s. 447, ch. 95-147; s. 1, ch. 2007-136; s. 11, ch. 2013-136.

F.S. 83.59 on Google Scholar

F.S. 83.59 on Casetext

Amendments to 83.59


Arrestable Offenses / Crimes under Fla. Stat. 83.59
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 83.59.



Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . Backyard Trading did attempt to include in its complaint a second count for possession under section 83.59 . . . Thus, section 83.59(1) of the Act does not apply. . . .

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

. . . Ver-gara’s motion for an expedited trial pursuant to sections 83.59 and 51.011, Florida Statutes, and . . . summary procedure provided in s. 51.011, and the court shall advance the cause on the calendar.” § 83.59 . . .

HOUSING OPPORTUNITIES PROJECT, v. SPV REALTY, LC,, 212 So. 3d 419 (Fla. Dist. Ct. App. 2016)

. . . Stat., and § 83.59(2), Fla. Stat. (2016). . . .

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

. . . noncompliance by the landlord with this subsection as a defense to an action for possession under s. 83.59 . . .

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

. . . Specifically, section 83.59(2), Florida Statutes (2004), provides in part: A landlord ... applying for . . .

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

. . . racially un standardized scores, the person ranked 630 had an 81.90 score and the person ranked 430 had an 83.59 . . .

F. HOFFMAN, v. OUELLETTE,, 798 So. 2d 42 (Fla. Dist. Ct. App. 2001)

. . . Section 83.59 of the Quebec Automobile Insurance Act provides: Accident outside Quebec. . . . Finally, consistent with Quebecs recognition of the right to sue in Florida, Section 83.59 of the Act . . .

SPRINGBROOK COMMONS, LTD. v. BROWN,, 761 So. 2d 1192 (Fla. Dist. Ct. App. 2000)

. . . We reject the landlord’s argument that section 83.59(4), Florida Statutes (1999), which provides that . . .

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

. . . racially un standardized scores, the person ranked 630 had an 81.90 score and the person ranked 430 had an 83.59 . . .

M. GRIFFITH v. E. WHITE,, 929 F. Supp. 755 (D. Vt. 1996)

. . . A-25; Automobile Insurance Act §§ 83.59, 83.60. . . .

JAMES, v. CITY OF ST. PETERSBURG, FLORIDA, L. St. D. St., 6 F.3d 1457 (11th Cir. 1993)

. . . . §§ 83.51 (1982), 83.54 (1973) and 83.59 (1982). . . . .

THE FLORIDA BAR RE ADVISORY OPINION- NONLAWYER PREPARATION OF AND REPRESENTATION OF LANDLORD IN UNCONTESTED RESIDENTIAL EVICTIONS, 605 So. 2d 868 (Fla. 1992)

. . . were received, the Standing Committee filed as supplemental authority a recent amendment to section 83.59 . . .

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

. . . Florida Statute 83.59(2) requires that: “A landlord applying for the removal of a tenant shall file in . . . Section 83.59 Florida Statutes, provides that a landlord may file an eviction action and recover possession . . .

HOLY COMFORTER SENIOR HOUSING, INC. v. POPE, 48 Fla. Supp. 2d 129 (Dade Cty. Ct. 1991)

. . . in the premises hereby rules as follows: This is an action for possession of a dwelling unit under § 83.59 . . .

METROPOLITAN DADE COUNTY v. HERNDON, 48 Fla. Supp. 2d 165 (Dade Cty. Ct. 1991)

. . . This action was brought under Section 83.59 Fla. . . .

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

. . . S. 83.59. . . . Under F.S. 83.59(1), a landlord may only recover possession of a dwelling unit if the rental agreement . . . S. 83.59. . . .

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

. . . in the premises hereby rules as follows: This is an action for possession of a dwelling under F.S. 83.59 . . . S. 83.59(1), a landlord may only recover possession of a dwelling unit if the rental agreement is properly . . . allowed to file a new action upon meeting the necessary preconditions to a statutory action under F.S. 83.59 . . .

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

. . . in the premises hereby rules as follows: This is an action for possession of a dwelling unit under § 83.59 . . . Under § 83.59(1) a landlord may only recover possession of a dwelling unit if the rental agreement is . . . allowed to file a new action upon meeting the necessary preconditions to a statutory action under § 83.59 . . .

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

. . . in the premises hereby rules as follows: This is an action for possession of a dwelling unit under § 83.59 . . .

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

. . . in the premises hereby rules as follows: This is an action for possession of a dwelling unit under § 83.59 . . .

SOUTH FLORIDA I, LTD. v. ARNAU AND OTHERS IN POSSESSION, 38 Fla. Supp. 2d 166 (Dade Cty. Ct. 1990)

. . . This action was brought under § 83.59 Fla. . . .

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

. . . See Florida Statutes § 83.59(3)(c). 9. . . .

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

. . . landlord, the landlord may recover'possession of the dwelling unit in the manner provided for in s. 83.59 . . .

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

. . . Stat. 83.59 Fla. Stat. 83.60(2); mobile home tenants are required to post rent based on Fla. . . .

THE FLORIDA BAR, v. K. MICKENS, Jr., 505 So. 2d 1319 (Fla. 1987)

. . . for filing eviction or distress of rent actions and only addresses actions filed by the landlord, § 83.59 . . .

DiMASSIMO M. v. CITY OF CLEARWATER,, 805 F.2d 1536 (11th Cir. 1986)

. . . Florida Statutes § 83.59(3)(a) provides that a landlord may only recover possession of a leasehold through . . .

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

. . . S. 83.59(2). 2. . . . plaintiff would have been able to seek its default, the trial, advanced on the calendar as required by § 83.59 . . .

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

. . . statute is a prerequisite to the landlord’s right to file an action for eviction under Florida Statutes 83.59 . . .

SHEEHAN, v. L. MARSHALL, No., 453 So. 2d 481 (Fla. Dist. Ct. App. 1984)

. . . .-011(2), 83.59 and 83.7594(4), Fla.Stat. (1983). REVERSED AND REMANDED. . . .

STEIN, v. HUBBS, 439 So. 2d 1005 (Fla. Dist. Ct. App. 1983)

. . . A landlord solely seeking eviction of a tenant may, pursuant to section 83.59(2), Florida Statutes (1981 . . .

AETNA LIFE INSURANCE COMPANY v. COUNTY CASUALS, INC., 5 Fla. Supp. 2d 107 (Orange Cty. Ct. 1983)

. . . Florida Statute 83.59(2) permits a landlord to utilize statutory summary procedure, Florida Statute 51 . . .

EDEN POINT NORTH CONDOMINIUM ASSN. v. SOCKOLOF, 2 Fla. Supp. 2d 179 (Fla. Cir. Ct. 1983)

. . . Appellee/Tenant from real property in Dade County, Florida as authorized by Florida Statute Section 83.59 . . .

LEVY v. GILMAN, 2 Fla. Supp. 2d 46 (Orange Cty. Ct. 1982)

. . . -In an action for possession of residential premises under §83.59, if neither the tenant nor a person . . .

ALMAR MOBILE HOME PARK v. DINNA,, 48 Fla. Supp. 185 (Broward Cty. Ct. 1978)

. . . . §83.59(2). . . .

ASSURED REALTY, INC. v. BROWN, 48 Fla. Supp. 180 (Orange Cty. Ct. 1978)

. . . Florida Statute 83.59(2) permits a landlord seeking to evict a tenant to avail himself of Florida Statute . . . Further, the court notes, Florida Statute 83.59(2) which authorizes the use of statutory procedure, requires . . .

BEATY v. KIMERLING CORPORATION,, 47 Fla. Supp. 103 (Dade Cty. Cir. Ct. 1978)

. . . the division comply with its duties under Florida Statute §509.032 (1) to enforce Florida Statute §83.59 . . . oral or written) that a public lodging establishment has violated the provisions of Florida Statute §83.59 . . . If it appears to the division that a violation of Florida Statute §83.59(3) may have occurred, the division . . . of its duty to follow the procedure prescribed by the laws of Florida, specifically Florida Statute §83.59 . . .

LANE v. BRITH,, 313 So. 2d 91 (Fla. Dist. Ct. App. 1975)

. . . Apparently the action was brought under the provisions of § 83.59, F.S.1973, for failure to vacate the . . . statutes providing for such proceedings unless these rules specifically provide to the contrary”. § 83.59 . . .

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). . . .

BRYANT v. D. WHITCOMB, 419 F. Supp. 1290 (S.D. Ind. 1970)

. . . identifiable “black” voting wards in Marion County- — the 3d, the 6th, and the 23d, returned 80.58% and 83.59% . . .

ANTHONY O BOYLE, THE KUSSELL NO. v. THE ROBIN HOOD THE DYNAMIC,, 134 F. Supp. 271 (E.D.N.Y. 1955)

. . . A towage charge of $ 83.59 The libelant claimed to be entitled to an additional allowance of $5,160 for . . . Towage charge 83.59 $2,112.00 The libelant is, therefore, entitled to $2,112 plus interest for three . . .

v., 20 Cust. Ct. 289 (Cust. Ct. 1948)

. . . Of this quantity, 83.59 gallons constituted a loss of ten per cent or more of the total value of the . . . In any event, we claim that duties should not be assessed on the 83.59 gallons which constitute a loss . . . seeks a judgment from this court directing the collector to make an allowance for the duties on the 83.59 . . . that under the decision in the Somerset case, supra, plaintiff’s claim for allowance in duties on the 83.59 . . . However, as both sides agree that allowance should be made on a total quantity of 83.59 gallons, plaintiff . . .

v. v. v., 38 B.T.A. 209 (B.T.A. 1938)

. . . _214.11 Do Additional assessment_ 14.13 1919_ 199.50 Do Penalty- .71 1920_ 305149 1926_ 52.85 1921_ 83.59 . . .