Florida Statute 83.202 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 83
LANDLORD AND TENANT

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83.202 Waiver of right to proceed with eviction claim.—The landlord’s acceptance of the full amount of rent past due, with knowledge of the tenant’s breach of the lease by nonpayment, shall be considered a waiver of the landlord’s right to proceed with an eviction claim for nonpayment of that rent. Acceptance of the rent includes conduct by the landlord concerning any tender of the rent by the tenant which is inconsistent with reasonably prompt return of the payment to the tenant.

History.—s. 3, ch. 93-70.

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Cases Citing Statute 83.202

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In re Aida's Paradise, LLC, 485 B.R. 806 (Bankr. M.D. Fla. 2013).

Published | United States Bankruptcy Court, M.D. Florida | 23 Fla. L. Weekly Fed. B 521, 2013 WL 144233, 2013 Bankr. LEXIS 142, 57 Bankr. Ct. Dec. (CRR) 121

...TD Bank also argues all defaults were not cured because the Debtor was delinquent in paying 2008 real estate taxes and failed to provide quarterly financial statements to the bank, two non-monetary defaults under the loan documents. . Doc. No. 85 at 2, 11-12. . Id. at 9-10 ; Doc. No. 144 at 4 (pointing to Fla. Stat. § 83.202 which states "acceptance of the full amount of rent, with knowledge of a tenant’s breach of the lease by non-payment shall be considered a waiver.”)....