• 83.40 - Short title.
  • 83.41 - Application.
  • 83.42 - Exclusions from application of part.
  • 83.425 - Preemption.
  • 83.43 - Definitions.
  • 83.44
  • Obligation of good faith.
  • 83.45
  • Unconscionable rental agreement or provision.
  • 83.46
  • Rent; duration of tenancies.
  • 83.47
  • Prohibited provisions in rental agreements.
  • 83.48
  • Attorney fees.
  • 83.49
  • Deposit money or advance rent; duty of landlord and tenant.
  • 83.491
  • Fee in lieu of security deposit.
  • 83.50
  • Disclosure of landlord’s address.
  • 83.505
  • Electronic delivery of notices.
  • 83.51
  • Landlord’s obligation to maintain premises.


  • 83.45 Unconscionable rental agreement or provision.

    (1) If the court as a matter of law finds a rental agreement or any provision of a rental agreement to have been unconscionable at the time it was made, the court may refuse to enforce the rental agreement, enforce the remainder of the rental agreement without the unconscionable provision, or so limit the application of any unconscionable provision as to avoid any unconscionable result.

    (2) When it is claimed or appears to the court that the rental agreement or any provision thereof may be unconscionable, the parties shall be afforded a reasonable opportunity to present evidence as to meaning, relationship of the parties, purpose, and effect to aid the court in making the determination.

    History.—s. 2, ch. 73-330.

  • 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.

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