Florida/Georgia Personal Injury & Workers Compensation

...On October 10, 1950, the lessors advised the lessee, in writing, that the lessee was in default in these payments and stated further that "You are hereby required to make payment of said rent, or to surrender the premises to the undersigned within three days from the date whereupon this notice is given, in accordance with Section 83.20 (2) of Compiled General Laws of Florida." On October 13, 1950, the lessee wrote the lessors that their "demand of surrender * * * is accepted, and in compliance with said demand, we tender back * * * possession of said premises as surre...

...each does not have the power to enact a rent control ordinance, that the *803 Ordinance was an unlawful delegation of legislative authority by the City Council, and that the Ordinance conflicted with state law, specifically Sections 83.03, 83.04 and 83.20, Florida Statutes, F.S.A....

...er 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....

...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. provides that a landlord may demand and receive double rent from a tenant who refuses to give up possession. F.S. 83.20, F.S.A....

...sion. In other words, the right of immediate possession passes by statute from the tenant to the landlord. This does not mean, however, that the tenant no longer has any right whatsoever and that an immediate forfeiture and termination has occurred. Section 83.20, Florida Statutes, then provides that any "tenant at sufferance" may be removed from the premises in the manner provided by further statutory sections specifying various judicial eviction proceedings: "(1) Where such persons shall hold...

...ame. . . ." [Emphasis supplied]. Absent voluntary abandonment or relinquishment of the premises by the tenant at sufferance, the lessor must resort to the statutorily prescribed judicial eviction proceedings for a judgment of possession. As noted in § 83.20, the lessor's right to evict a tenant who has become a tenant at sufferance after default in payment of rent is conditioned and dependent upon the giving of a minimum of "three (3) days' notice in writing, requiring the payment of such rent or the possession of the premises". This proviso in § 83.20 is an anti-forfeiture provision whereby the tenant who has been rendered one at sufferance by § 83.05 may negate his reduction to the status of a tenant at sufferance, be reinstated to his prior estate and, thus avoid a forfeiture and termination, by the making of the required payment of rent due....

...Thus, even if a tenant has failed to exercise his statutorily granted privilege to avoid forfeiture and this privilege has ceased to exist, he may still seek relief in equity from a forfeiture or termination of his estate. In the instant case, the plaintiff lessor complied with the prescribed procedure mandated by § 83.20, Florida Statutes....

...ately relevant to the second count regarding right to counsel; however, her case is illustrative of how counsel may be useful in a justice of the peace proceeding. Plaintiff Hollestelle alleged that after criminal proceedings under Florida Statutes, section 83.20 (1967), F.S.A., had been instituted against her by the Eighth District Justice of the Peace, she was told by her attorney that the statute was not a criminal statute, that the statute related to civil tenant eviction proceedings in a co...

...e." Prior to the expiration of 30 days, on August 17, 1984, counsel for the Beardens sent a second letter to the Debtor entitled "Three Day Rent Notice." In this letter, counsel also demanded a rent payment. This notice, sent purportedly pursuant to § 83.20(2) of Fla.Stat., is a statutory prerequisite for filing a suit for eviction of a "hold-over tenant" or a "tenant at sufferance." The notice failed to specify the amount of unpaid rent demanded by the Beardens....

...days from the date of the notice, the Debtor "will be declared in default of the agreement." Thereafter, a three day notice dated August 17, 1984 demanded a payment within three days or possession of the premises and was given pursuant to Fla.Stat. 83.20[2]....

...ated, as was their right under the lease. That is, of course, unless the commencement of the action in County Court constitutes an acceptable substitution for a declaration of termination. As noted earlier, the three day notice was given pursuant to § 83.20(2) Fla.Stat. which provides as follows: 83.20 Causes for removal of tenants Any tenant or lessee at will or sufferance, or for part of the year, or for one or more years, of any houses, lands or tenements, and the assigns, under tenants or legal representatives of such tenant or lessee, ma...

...burden and must present a clear convincing case in order to prevail. Baker v. Clifford Matthew Inv. Co., 99 Fla. 1229, 128 So. 827 (1930). The action for possession was filed by the Beardens after they gave the so-called three day notice pursuant to § 83.20(2) of Fla.Stat....

...I find that the debtor defaulted upon its rental payments and on February 11, 1983, plaintiff elected to terminate the lease in accordance with its provisions (Paragraph 17.01) and that plaintiff did so, not only in accordance with the terms of the lease but also in compliance with the requirements of § 83.20, Florida Statutes....

...$10,422.25 including the guarantee. On February 1, 1954, the lessee refused to pay the $2,500 guarantee as stipulated in the lease. Thereupon the appellants, as lessors, served appellee with a three-day notice to pay the rent or vacate the premises. Section 83.20, Florida Statutes, F.S.A....

...or full notice thereof. See U.S. Properties, Inc. v. Marwin Corp., Fla.App. 1960, 123 So.2d 371, and Tropical Attractions, Inc. v. Coppinger, Fla.App. 1966, 187 So.2d 395. The tenant's plaint that he did not receive the three days notice provided in Section 83.20(2), F.S....

...ida Statutes, eliminating the landlord's self-help right to eviction, and authorizing the landlord to recover possession of nonresidential rental property under the following conditions: (1) if the landlord has instituted action for possession under Section 83.20, or other civil action in which the right of possession is determined; (2) if the tenant has surrendered possession of the premises; or (3) if the tenant has abandoned the premises....

...hich, if they occur, permit the landlord to reenter the premises peaceably and retake possession. The effect of the amendment to section 83.05 is to abrogate the landlord's right to obtain possession — unless he files an action for possession under section 83.20, or other civil action — in every case in which the tenant remains on the premises after having been given the notice provided in section 83.20(2)....

...Plaintiffs have refused to vacate or pay rent. A copy of said notice is attached hereto as SEYFARTH'S Exhibit "C" and by reference made a part hereof. Attached to the amended counterclaim was a copy of the notice to vacate, stating in part that sublessor demands, "pursuant to Section 83.20(2), Florida Statutes that ......

...e to assume the lease pursuant to 11 U.S.C. § 365. The Bankruptcy Court found that the lessor's attempted termination of the lease agreement was ineffective because the lessor failed to comply with the three-day notice provisions of Florida Statute § 83.20(2)....

...one of commercial, nonresidential real estate. Thus, the issue before the Court is whether the Bankruptcy Court's ruling that no pre-bankruptcy termination had occurred is clearly erroneous. The Bankruptcy Court based its decision on Florida Statute § 83.20 which provides as follows: 83.20....

...The Bankruptcy Court reasoned that the lessor did not terminate the lease agreement because the lessor's letter failed to give a three-day written notice requiring the payment of the rent or the possession of the premises as required by Florida Statute § 83.20(2)....

...In re 163rd Street Medical Corp., 67 B.R. 499, 500 (S.D.Fla.1986); *807 Matter of Fontaine Janitorial Supply & Service, Inc., 17 B.R. 322, 325 (Bnkr.M.D. Fla.1982). The three day notice to pay rent or vacate requirement set forth in Florida Statute § 83.20(2) deals with a summary eviction proceeding by the landlord and, at first glance, appears to be applicable to the facts of the instant case....

...s admittedly in serious default, they are entitled to an order of eviction. In defense, the Debtor contends that the Plaintiffs are not entitled to any order of eviction because they failed to give a three day written notice as required by Fla.Stat. § 83.20(2) (Supp.1981); that they made a tender to purchase by offering to exercise the offer prior to the expiration of the first option year and that in any event, the lease gave the landlord two options: one, to enter and re-let the premises on b...

...the lease or enter the premises and re-let the premises. The lease was prepared on a printed business form and any additions thereto were made by counsel for the landlord. The three day notice requirement mentioned earlier, is set forth in Fla.Stat. § 83.20(2) (Supp.1981) and deals with a summary eviction proceeding by the landlord....

...This was a suit in equity to relieve a tenant, or lessee, from a forfeiture, after the conclusion of a statutory proceeding for eviction because of nonpayment of rent. The eviction proceedings were brought under Chapter 83 F.S.A., and particularly, Section 83.20(2), which authorizes the statutory proceeding "after any default in the payment of rent pursuant to the agreement under which such premises are held"....

...— (1) If any person leasing or renting any land or premises other than a dwelling unit fails to pay the rent at the time it becomes due, the lessor has the right to obtain possession of the premises as provided by law. (2) The landlord shall recover possession of rented premises only: (a) In an action for possession under s. 83.20 or other civil action in which the issue of right of possession is determined; (b) When the tenant has surrendered possession of the rented premises to the landlord; or (c) When the tenant has abandoned the rented premises....

...(2)(c) that the tenant has abandoned the rented premises if: (a) The landlord reasonably believes that the tenant has been absent from the rented premises for a period of 30 consecutive days; (b) The rent is not current; and (c) A notice pursuant to s. 83.20(2) has been served and 10 days have elapsed since service of such notice. However, this presumption does not apply if the rent is current or the tenant has notified the landlord in writing of an intended absence. Section 83.20(2), Florida Statutes (1983) provides: Where such person holds over without permission as aforesaid, after any default in the payment of rent pursuant to the agreement under which the premises are held, and 3 days' notice in writing, req...

...The landlord brought the action in the county court to evict the tenant pursuant to Section 51.011, Florida Statutes (1975). It alleged the forfeiture of the tenancy due to a default in the payment of rent. The lease agreement between the parties allegedly waived the three day notice requirement under Section 83.20(2), Florida Statutes (1975)....

...[1] Lincoln made a business decision to hold over until its new facility was completed, *1113 and on May 1, 1986, tendered a check for the regular monthly rental of $3,491.23. Branch and Dean refused the tender and, on the same day (May 1, 1986), filed a tenant eviction proceeding under section 83.20, Florida Statutes (1985), in the County Court for Lee County....

...Failure of a plaintiff landlord to deliver any written notice under part II of Chapter 83 would not deprive the court of the power to adjudicate the case. This court has previously held that a three-day notice under an earlier version of a landlord tenant statute, section 83.20(2), Florida Statutes (1969), may be expressly waived in a lease....

...Dansey, 43 Fla. Supp.2d 169, 171 (Fla. Dade Cty. Ct.1990); Kosta v. Bernstein, 4 Fla. L. Weekly Supp. 480 (Fla. Sarasota Cty. Ct.1996) (holding that because notice was defective, the court had "no subject matter jurisdiction over the Plaintiff's claim"). [2] Section 83.20(2), Florida Statutes (1995), is substantially the same as the 1969 version of the statute, which did not contain any part expressly covering residential tenancies....

possession—unless he files an action for possession under section 83.20, or other civil action—in every case in which

...of such intention is given to lessee." The Debtor ultimately defaulted under the lease by failing to make payments when due. As a result, on September 11, 1990 Second Land Sales, through its property manager, delivered a Notice pursuant to Fla.Stat. § 83.20 to the Debtor notifying the Debtor that it was in default under the lease in the amount of $16,903.96 for the period August 1, 1990 to September 30, 1990....

...manent injunction against the owner of the premises it occupies through a subtenant. It is here today on an emergency motion for a temporary restraining order to keep the defendants from obtaining a final judgment evicting the debtor under Fla.Stat. § 83.20....

...rrigan then filed suit in circuit court. However, because Baldwin was improperly served, the court granted Baldwin's motion to quash service of process on April 16, 1999. On April 21, 1999, Corrigan attempted to serve a three-day notice letter under section 83.20, Florida Statutes, by hand delivery through a process server....

...of his home in Vero Beach and on a sign at the sod farm. Additionally, on that date, the process server personally served Mark Baldwin with a letter advising Baldwin that "[i]n accordance with Paragraph 15 of the Lease, and to the extent it applies, Section 83.20(3), Fla....

...Barnett Bank of South Florida, N.A., 638 So.2d 199 (Fla. 3d DCA 1994) (same). Right to Jury Trial We find, however, that the court erred in denying Baldwin a jury trial. As noted above, appellee Corrigan argued below that there is no right to a jury trial in a summary eviction proceeding under sections 83.20 and 51.011, Florida Statutes....

...any portion of the rent past due and owing. On or about October 16, 1984, EQUITY PROPERTIES AND DEVELOPMENT COMPANY served upon the Debtor a Notice of Default for Non-Payment of Rent in accordance with Section 11.1 of the Lease and Florida Statutes § 83.20....

...The theory being that to constitute a constructive eviction there must be some substantial interference which is injurious to the tenant's beneficial use and enjoyment of the premises. In the instant action, Kaplan presented McCabe with a "NOTICE TO PAY RENT OR QUIT" pursuant to section 83.20(2), Florida Statutes (1985)....

...The trial court made no ruling on the Tenant's affirmative defenses. [1] Before determining whether the trial court's ruling is supported by competent, substantial evidence, it is necessary to review what the Landlord had to prove in order to establish a prima facie case for eviction. Section 83.20(2), Florida Statutes (2002), provides guidance....

...of rent pursuant to the agreement under which the premises are held, and 3 days' notice in writing requiring the payment of the rent or the possession of the premises has been served by the person entitled to the rent on the person owing the same." § 83.20(2)....

...nt. The Tenant urges affirmance of the trial court's order on its asserted affirmative defenses: (1) the trial court lacked subject matter jurisdiction because the Landlord's written notice was defective; (2) the Tenant withheld the rent pursuant to section 83.201, Florida Statutes (2001), to make necessary repairs to the property; (3) the Landlord's claim that the Tenant failed to pay the 2001 personal property taxes was premature; and (4) the Landlord waived her claims by accepting money pursu...

non-residential tenant is governed by section 83.20, Florida Statutes. Under section 83.20(2), appellant was required

claim for possession be based upon unpaid rent. Section 83.20(3), Florida Statutes (2011), explicitly authorizes

...improvements by the lessor or one of its affiliates. The debtor failed to pay or tender payment of the disputed rent and on June 13, 1986, the lessor served the three-day notice to pay or to vacate the premises as provided for under Florida Statutes § 83.20(2)....

Clarks the three-day written notice required by section 83.20(2), Florida Statutes (1983). On appeal, the

The suit was filed under the provisions of Section 83.20, F.S.1969, F.S.A. The complaint alleged that

Laundries, Inc., as a holdover tenant, under section 83.20(1), Florida Statutes. The Landlord maintained

s seeking removal of the defendants, under section 83.20, F.S.A. The court sustained defendants’ motion

...When the March 2003 lease payment was not timely made, TWA sent A.Z.3 a notice by certified mail demanding payment of the $25,034.69 due or delivery of possession within three days of the date of delivery of the notice. This notice was sent pursuant to section 83.20(2), Florida Statutes (2000), the statutory three-day notice provision, which allows a landlord to terminate the lease and remove a tenant from the premises after a default in payment where the landlord has served a written notice on the...

...hree days from the date of delivery of the notice. Unlike the March notice, however, the April notice did not include the option of payment of rent within *44 three days of receipt of the notice, rendering it insufficient as a three-day notice under section 83.20(2)....

...On September 2, 2003, the trial court denied A.Z.3's cross-motion for summary judgment and granted TWA's motion for partial summary judgment on the possession count, finding that (1) the failure of the April notice to adhere to the requirements of Florida's statutory three-day notice provision under section 83.20(2) did not preclude TWA from retaking possession because the lease had unambiguously waived that three-day notice provision; and (2) TWA did not waive its right to enforce the lease and retake possession without notice when it accepted a late lease payment in March....

...yment *45 in March. The determination of that issue is dependent on the fact finder's ultimate determination of the first issue, whether the lease expressly and unambiguously waived the three-day notice provision, resulting in a valid eviction under section 83.20(2)....

it with the three-day notice required under section 83.-20(2), and that even had proper notice been given

lessor sent a three-day notice pursuant to Section 83.20(2), Florida Statutes (1985) did the tenant make

record that complies with section 83.201’s or section 83.20(3)’s requirements. Therefore, the trial

...was not a defense to Tenant’s eviction action. Tenant maintains that it was error for the trial court to deny its claim for eviction because the undisputed evidence presented satisfied all the requirements for establishing a prima facie claim for eviction under section 83.20(2). We agree with all of these arguments. 3  Section 83.20, Florida Statutes (2010), states, in pertinent part: Any tenant or lessee at will or sufferance, or for part of the year, or for one or more years, of any houses, lands or tenements, and the assigns, under tenants or...

...person entitled to the rent on the person owing the same. The service of the notice shall be by delivery of a true copy thereof, or, if the tenant is absent from the rented premises, by leaving a copy thereof at such place. § 83.20(2), Fla. Stat. (2010). This court has previously described the elements required to establish a prima facie claim for eviction as follows: Eviction of a non-residential tenant is governed by section 83.20, Florida Statutes. Under section 83.20(2), appellant was required to offer evidence of the following elements to establish a prima facie claim for eviction: 1) the parties had an agreement requiring the Tenant to pay the Landlord rent for the u...

...d, and Subtenant’s admission that it was in possession of the property at the end of the three-day period. Therefore, Tenant submitted evidence sufficient to satisfy each of the requirements necessary to prove a prima facie case for eviction under section 83.20(2)....

given the proper three-day notice pursuant to section 83.20(2), Florida Statutes (1993). Additionally, the

...The lease also permitted the landlord to terminate the lease in accordance with applicable local law. Florida law requires the service on the tenant of ". . . three (3) days notice in writing, requiring the payment of the rent or the possession of the premises . . ." § 83.20, Florida Statutes....

...The above notices, sent by mail, naming no sum as that due and neither *152 demanding the rent nor possession, but merely stating an intention to terminate the lease because full rent has not been paid, are insufficient." It is clear that the landlord did not comply with the requirements of § 83.20....

possession—unless he files an action for possession under section 83.20, or other civil action—in every case in which