Florida/Georgia Personal Injury & Workers Compensation

at 11, 99 S.Ct. at 2106 (quoting Neb. Rev.Stat. § 83-1,114(1) (1976)). . Id. at 18-19, 99 S.Ct. at 2109

...Since we previously stated that no valid lease was in effect when the wrongful eviction occurred in August 1980, the tenancy was one at will which ran from month-to-month, as the income from the machines was disbursed to the complex owners monthly. See § 83.01, Fla....

...amendment of the . . . complaint was not necessary"). [6] An oral lease, of course, raises the possibility of the Statute of Frauds. However, "an oral lease pursuant to which rent is payable monthly is deemed to be a month-to-month tenancy at will. § 83.01, Fla....

...§ 83.04 was originally enacted as Sec. 4 of Laws 1905, c. 5441. The word "written", italicized above, was added by Laws 1931, c. 15057. The 1931 act was in five sections, Sec. 1 of which purported to amend Sec. 1 of the 1905 act (now incorporated in F.S.A. § 83.01) by providing that any lease not in writing and signed by the lessor would be a tenancy at sufferance....

...ompensation." [10] The principle which permits recovery by a tenant at will for any damages suffered by him as a result of the taking of all or a part of his leasehold estate in an action of eminent domain accords with reason and justice. Under F.S. Section 83.01, F.S.A., if a tenant at will without a written *43 lease occupies real estate under an agreement with the owner pursuant to which rental is paid on an annual basis, the tenant is one at will from year to year....

...s at which the rent is payable. If the rent is payable weekly, then the tenancy shall be from week to week; if payable monthly, then from month to month; if payable quarterly, then from quarter to quarter; if payable yearly, then from year to year." § 83.01, F.S.A....

...ries to third persons caused by defects in the premises. Simms v. Kennedy, supra. We assume arguendo that the condition of the premises on the day of the fall constituted a nuisance. We need not turn to the authorities in other jurisdictions. F.S.A. § 83.01 provides that any lease of lands and tenements shall be deemed and held to be a tenancy at will unless the same shall be in writing and signed by the lessor....

...ate. Therefore, summary judgment was not appropriate on that ground. As to the statute of frauds issue, appellant argues, again correctly, that an oral lease pursuant to which rent is payable monthly is deemed to be a month-to-month tenancy at will. § 83.01, Fla....

became a month-to-month tenancy pursuant to section 83.01, Florida Statutes (2006). 3 However

...rity deposit to repair the alleged damages. On March 22, 1982, the Plaintiff filed a voluntary Chapter 7 liquidation case. As noted above, the lease agreement was not reduced to writing, thus, a month-to-month tenancy at will was created pursuant to § 83.01 Fla.Stat....

...fixed expiration date. We reject this argument. As we read the pertinent statutes, a tenant who remains in possession after the expiration of a tenancy at will is in no better position than a tenant who refuses to honor the terms of a written lease. Section 83.01, Florida Statutes (2000), states that a lease shall be deemed to create a tenancy at will unless it is in writing and signed by the lessor. According to this statute, the duration of an oral lease is determined by the period of time in which rent is payable. "If payable monthly, then [the lease is] from month to month." § 83.01, Fla....

...I find myself persuaded by appellant's view of this case. I therefore dissent from the majority opinion. The tenancy in this case was by unwritten lease with rent payable monthly. Accordingly, as all parties agree, occupancy of the leasehold was a month-to-month tenancy at will. See § 83.01, Fla....

federally recognized. See 25 C.F.R. § 83.1 (2015) (defining “[federally recognized Indian

...y damages. . Under Florida Law, where a lease agreement was not reduced to writing, and lease payments were made monthly, the court found that a month-to-month tenancy at will was created. In re Hasty, 25 B.R. 429 (Bankr.M.D.Fla.1982). See Fla.Stat. § 83.01 (1967)....

...Hanchey is estopped to claim a termination of the lease because of his conduct and representations made directly to Alfran on which Alfran relied to its detriment. The relationship between a landlord and tenant and their respective rights are codified in this state. Florida Statutes § 83.01 et seq....

Id. (quoting Restatement (Second) of Judgments § 83(1), at 266) (emphasis added). The Court also

...mmary judgment entered in favor of James A. Notarantonio in his eviction action against defendants. The Gautreauxes occupied a boat slip under an oral tenancy agreement in the marina Notarantonio acquired; hence, that tenancy was terminable at will. § 83.01, Fla.Stat....

will facilitate the parole hearing.” Neb Rev Stat § 83-1, 112(1) (1976). Apparently, the inmates are satisfied

be construed to be a tenancy at sufferance.”); § 83.01, Fla. Stat. (2016) (“Any lease of lands and tenements

...Therefore, for the point in time the Debtor continued to occupy the premises after January 24,1980, up through and until the point in time when the Defendant locked the Debtor out of the premises, the Debtor and Defendant had implicitly entered into a month to month tenancy. Fla.Stat. § 83.01....