Florida Statute 83.07 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 83
LANDLORD AND TENANT

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83.07 Action for use and occupation.—Any landlord, the landlord’s heirs, executors, administrators or assigns may recover reasonable damages for any house, lands, tenements, or hereditaments held or occupied by any person by the landlord’s permission in an action on the case for the use and occupation of the lands, tenements, or hereditaments when they are not held, occupied by or under agreement or demise by deed; and if on trial of any action, any demise or agreement (not being by deed) whereby a certain rent was reserved is given in evidence, the plaintiff shall not be dismissed but may make use thereof as an evidence of the quantum of damages to be recovered.

History.—s. 7, Nov. 21, 1828; RS 1760; GS 2236; RGS 3555; CGL 5419; s. 34, ch. 67-254; s. 428, ch. 95-147.

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Amendments to 83.07

Annotations, Discussions, Cases:

Cases Citing Statute 83.07

Total Results: 2 | Sort by: Relevance | Newest First

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Thrifty Dutchman, Inc. v. Florida Supermarkets, Inc. (In Re Thrifty Dutchman, Inc.), 97 B.R. 101 (Bankr. S.D. Fla. 1988).

Cited 8 times | Published | United States Bankruptcy Court, S.D. Florida.

...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. § 83.07....

...Growers Ford Tractor Co., 282 So.2d 664 (Fla. 4th DCA 1973). The record before this Court evidences that the Lease terminated on November 30, 1986, and that since that time, the Defendant has been occupying said premises. The Plaintiff has made its election under F.S. § 83.07 and seeks to recover from the *110 Defendant the reasonable rental value of the premises (19,792 square feet of building and 65,769 square feet of adjacent land), plus interest thereon, which the Plaintiff has been denied since the Lease expired on November 30, 1986....

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Yanks v. Truly Nolen, Inc., 341 So. 2d 829 (Fla. 3d DCA 1977).

Cited 6 times | Published | Florida 3rd District Court of Appeal

...Despite the failure of the lease to govern the situation, appellee was not entitled to occupy the premises free of charge. In awarding appellants the reasonable rental value of the property for the period of time said property was occupied by appellee, we believe the court to have acted correctly. See Section 83.07, Florida Statutes (1973), Action for use and occupation....