CopyCited 41 times | Published | Supreme Court of Florida | 1972 Fla. LEXIS 3816
...total power in a single individual without controls or restraint, even in an emergency." As to the third issue, we agree with the finding of the trial court that this rent control ordinance does conflict with Florida Statutes Sections
83.03,
83.04,
83.06 and
83.20, F.S.A....
...lt in eviction." F.S.
83.04, F.S.A. provides a tenancy at will may be terminated by either party upon giving of specified notice. F.S.
83.04, F.S.A. provides that a tenant who holds over after a written lease has expired is a tenant at sufferance. F.S.
83.06, F.S.A....
CopyCited 31 times | Published | Supreme Court of Florida
...tute in question was unconstitutional as sought to be applied and appellants counter claimed alleging their right to refuse to renew the original oral lease when it expired on April 22, 1972, and praying for a judgment of eviction in accordance with Section 83.06, Florida Statutes, F.S.A....
CopyCited 24 times | Published | Florida 4th District Court of Appeal | 2008 WL 782806
...to obtain possession of the Demised Premises." We need hot address whether this provision was properly applied because we hold that Panera was not a "holdover tenant." [2] We note that early in the litigation, ABG5's attorneys promulgated the misconception that the bond was issued under section 83.06, Florida Statutes, rather than under Rule 1.610(b)....
...In its motion for enforcement of bond, conditions and motion for release of registry deposits, ABG5 incorrectly stated that "the court required that Panera Bread deposit with the Registry of the Court double rent for the premises in accord with [section] 83.06 of the Florida Statutes." Section 83.06, Florida Statutes (2005), does not apply where, as here, the landlord attempted to terminate the lease early. The statutory right of the landlord to demand double rent adheres only where the "tenant refuses to give up possession of the premises at the end of the tenant's lease. " § 83.06, Fla....
CopyCited 13 times | Published | Supreme Court of Florida
...a proceeding brought by appellants, as lessors, to recover damages for breach of a lease agreement by appellee, as lessee. The determining points are whether the appellants, who were the lessors, were entitled to recover a double rent penalty under Section 83.06, Florida Statutes, F.S.A....
...There was no appeal from the judgment awarding possession to the appellants in the county court. Thereafter appellants instituted this action in the Circuit Court seeking recovery of double the $2,500 guarantee due February 1, 1954, as damages, under Section 83.06, Florida Statutes, F.S.A., because of the alleged refusal of the tenant to surrender possession after default....
...It is the contention of the appellants here that the guarantee became due on February 1, 1954; that after default and notice to pay, the tenants wrongfully held possession; that appellants' right to possession was adjudicated in the county court proceeding; and finally that under Section 83.06, Florida Statutes, F.S.A., appellants are now entitled to recover double the amount of rental due as damages for breach of the lease....
...ng house during 1954, albeit as the result of his own default. At the outset we can dispose of appellants' contention that they are entitled to recover double the rent due as damages for the alleged wrongful holding over. They base their position on Section 83.06, Florida Statutes, F.S.A., which reads in part as follows: "When any tenant shall refuse to give up possession of the premises at the end of his lease, the landlord, his agent, attorney or legal representatives, may demand of such tenan...
CopyCited 11 times | Published | Florida 3rd District Court of Appeal
...previous thereto having been received. Subsequently, on July 12, 1971 appellee served on the appellants a notice to vacate by July 31, 1971 and further informed them that any holding over would result in a doubling of the rent pursuant to Fla. Stat. § 83.06....
...Thus, we find that the trial judge was eminently correct in finding that (1) the appellants were tenants at will from month to month, and (2) plaintiff properly terminated the tenancy, and then permitting a statutory doubling of rent for wrongfully holding over. See §§
83.01,
83.03,
83.06 and Sill v....
CopyCited 8 times | Published | United States Bankruptcy Court, S.D. Florida.
...Under Florida law, a landlord has several courses of action available to it when a former tenant continues to use and/or occupy the demised premises after expiration of the term of a lease. For example, the landlord may demand double rent as statutory damages under F.S. § 83.06(1), or the landlord can treat the former tenant as a trespasser and sue him for damages for deprival of reasonable rental value under F.S....
CopyCited 8 times | Published | Supreme Court of Florida
...appealed from is affirmed. But we think the lower court erred in holding that the Town "became entitled to double the agreed monthly rental" from the date specified in the eviction notice. The section of our statutes under which this award was made, Section 83.06, Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal
...During such period the tenant is liable for the reasonable rental value of the property, and the tenant may, in fact, be liable for double the monthly rental upon appropriate demand by the landlord. David Properties, Inc. v. Selk,
151 So.2d 334 (Fla.App. 1963); Section
83.06, Florida Statutes 1971, F.S.A....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 18069
authorized Landlord to engage in self-help. Section
83.06(2), Florida Statutes (2006), provides that:
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2001 WL 1130868
...Before COPE and GODERICH JJ., and NESBITT, Senior Judge. COPE, J. Vincent Medina and Allied Transportation Resources, Inc. appeal a final judgment entered after non-jury trial. We affirm in part and reverse in part. We affirm the judgment for rent, and double rent, pursuant to section 83.06, Florida Statutes, against Medina and Allied....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
...of the sale of the leased premises, less rent paid by the lessee and less an agreed upon credit to the lessee. No prejudgment interest was allowed. The question whether a lessor is entitled to interest on unpaid rent seems to be clearly answered by Section 83.06(2), Florida Statutes (1977), which provides: All contracts for rent, verbal or in writing, shall bear interest from the time the rent becomes due, any law, usage or custom to the contrary notwithstanding....
...the law in Florida unchanged for 150 years. Acts of the Legislative Council of the Territory of Florida, Seventh Session 1828, p. 202 (Section 6 of An Act to Provide for the Collection of Rents, approved November 21, 1828). We have not been told why Section 83.06(2) does not apply here....
...Widell,
362 So.2d 719 (Fla. 2d DCA 1978). The decision in the Vacation Prizes case is completely consistent with that rule. Therefore, assuming for purposes of discussion that the lessor's entitlement to prejudgment interest in this case is not established by Section
83.06(2), the question is simply whether the lessor's claim was liquidated....
CopyCited 3 times | Published | District Court of Appeal of Florida
...Jur., Landlord and Tenant, § 950 (1941), in many other specialized texts relating to landlord and tenant, and in English and American cases therein cited. The plaintiff takes as one of his positions that the most the defendant could possibly have claimed was the "double the monthly rent" that Florida Statutes § 83.06, F.S.A....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1989 WL 25353
...y the final judgment. The jury's verdict pertaining to rent damages in the amount of $4,320 is not supported by the record. Appellee argues that the award can be justified on the theory that the Carharts are entitled to claim double rent pursuant to section
83.06 [2] or *374 section
83.58, Florida Statutes (1987). Section
83.06 applies only to "nonresidential tenancies," and requires a demand for double rent....
...The evidence in this record supports (at best) only an award of $3,200.00. I would affirm as to that amount. The Carharts argued they were entitled to claim double rent because of the Casavans' seven and one-half month's retention of possession of the premises, pursuant to section
83.06 or section
83.58, Florida Statutes (1985). However, section
83.06 applies only to "nonresidential tenancies," and the property here was a single-family residence. Also, section
83.06 requires proof of a demand for double rent....
...icable. Gibson v. Courtois,
539 So.2d 459, (Fla. 1989). NOTES [1] The contract provides that "In connection with any litigation arising out of this Contract, the prevailing party will be entitled to recover reasonable attorney's fees and costs." [2] Section
83.06, Florida Statutes provides:
83.06 Right to demand double rent upon refusal to deliver possession....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2005 WL 124237
...On March 11, 2004, the trial court entered an order finding that the appellants were "currently in possession of the property pursuant to a contract for purchase and sale of the property which contains an occupancy agreement," but ordering payment of past due rent and double holdover rent pursuant to section 83.06(1), Florida Statutes (2003)....
...ed to evict them from the subject property. [3] Further, they *610 submit, under the facts here, it was error to require them to pay money into the registry of the court pursuant to section
83.60(2), to require them to pay double holdover rent under section
83.06(1), or to evict them pursuant to section
83.60(2) given the dispute as to whether the March 2004 rent was paid late....
...by appellants into the registry of the court in Huckabee's eviction action. From the trial court's order, then, it appears that the only rent not paid at the time of the March 11 order was the rent for the months subsequent to September 1, 2003. [2] Section 83.06(1), Florida Statutes (2003), provides: (1) When any tenant refuses to give up possession of the premises at the end of the tenant's lease, the landlord, the landlord's agent, attorney, or legal representatives, may demand of such tenant...
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2003 WL 22453887
...No appearance for Appellee Kimberly Keeton Spence. PADOVANO, J. This is an appeal from a final order awarding double rent as a penalty for occupying real property beyond the term of a commercial lease. We agree with the trial court that the double rent provision in section 83.06, Florida Statutes (2000), applies to a tenancy at will and that it is not limited to a written lease with a fixed expiration date as the tenant contends....
...ated and informed the tenant that it would have to vacate the property before November 1, 2000. The letter also stated that if the tenant refused to move out by the date of the termination, the landlord would seek double rent under the provisions of section 83.06, Florida Statutes....
...In the present case, the notice of termination was given more than fifteen days before the end of October 2000, so the lease expired by operation of law on October 31, 2000, and the tenant was required to surrender the premises by the end of that day. Section 83.06, Florida Statutes, provides that a tenant holding over beyond the expiration of a lease is liable for double rent: Right to demand double rent upon refusal to deliver possession *352 (1) When any tenant refuses to give up possession o...
...orney, or legal representatives, may demand of such tenant double the monthly rent, and may recover the same at the expiration of every month, or in the same proportion for a longer or shorter time by distress, in the manner pointed out hereinafter. § 83.06, Fla....
...A landlord who declares a breach of the lease might consider the lease to be terminated at that point, but the tenant is not liable for double rent merely by remaining in possession if the lease has not yet come to an end. As the supreme court explained in Wagner v. Rice,
97 So.2d 267 (Fla.1957), the double rent provision in section
83.06 applies only if the lease has expired by the passage of time....
...In contrast, if the lease has expired, the tenant has no arguable right to remain in possession. In the present case, the tenant failed to surrender the property after the lease had come to an end. The lease was not in writing, but we find nothing in the language of section 83.06 to suggest that the double rent provision is limited to written leases....
...The lease created by such a tenancy at will, however, is not a monthly lease. Instead, as this court has noted in the context of the statute of frauds, such a lease "continues in effect for more than a year." Mangum v. Susser,
764 So.2d 653, 655 (Fla. 1st DCA 2000). As stated by the majority, section
83.06, Florida Statutes, entitles a landlord to collect a penal sum in the form of double rent from "any tenant (who) refuses to give up possession of the premises at the end of the tenant's lease...." §
83.06(1), Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 1990 Fla. App. LEXIS 1215, 1990 WL 17494
...ial court correctly ruled that Waterside was entitled to cancel the lease. [2] *594 By cross-appeal Waterside contends that the trial court erred in not awarding double rent for the period of time subsequent to cancellation of the lease, pursuant to section 83.06, Florida Statutes (1987)....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 1266, 1985 Fla. App. LEXIS 14024
adjustment owed for 1982. Further, because section
83.06(2), Florida Statutes (1979), specifically provides
