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Florida Statute 83.46 - Full Text and Legal Analysis
Florida Statute 83.46 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 83.46 Case Law from Google Scholar Google Search for Amendments to 83.46

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 83
LANDLORD AND TENANT
View Entire Chapter
83.46 Rent; duration of tenancies.
(1) Unless otherwise agreed, rent is payable without demand or notice; periodic rent is payable at the beginning of each rent payment period; and rent is uniformly apportionable from day to day.
(2) If the rental agreement contains no provision as to duration of the tenancy, the duration is determined by the periods for which the rent is payable. If the rent is payable weekly, then the tenancy is from week to week; if payable monthly, tenancy is from month to month; if payable quarterly, tenancy is from quarter to quarter; if payable yearly, tenancy is from year to year.
(3) If the dwelling unit is furnished without rent as an incident of employment and there is no agreement as to the duration of the tenancy, the duration is determined by the periods for which wages are payable. If wages are payable weekly or more frequently, then the tenancy is from week to week; and if wages are payable monthly or no wages are payable, then the tenancy is from month to month. In the event that the employee ceases employment, the employer shall be entitled to rent for the period from the day after the employee ceases employment until the day that the dwelling unit is vacated at a rate equivalent to the rate charged for similarly situated residences in the area. This subsection shall not apply to an employee or a resident manager of an apartment house or an apartment complex when there is a written agreement to the contrary.
History.s. 2, ch. 73-330; s. 2, ch. 81-190; s. 2, ch. 87-195; s. 2, ch. 90-133; s. 1, ch. 93-255.

F.S. 83.46 on Google Scholar

F.S. 83.46 on CourtListener

Amendments to 83.46


Annotations, Discussions, Cases:

Cases Citing Statute 83.46

Total Results: 7  |  Sort by: Relevance  |  Newest First

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Morse v. State, 604 So. 2d 496 (Fla. 1st DCA 1992).

Cited 7 times | Published | Florida 1st District Court of Appeal | 1992 WL 126576

...tion, but only after three days expire, following delivery of the required written notice. There was no testimony as to the duration of appellant's tenancy. If appellant and the motel manager did not agree to a specific length of tenancy, then under section 83.46(2), Florida Statutes (1989), the periods for which rent was payable determined the duration of tenancy....
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Atlantis Est. Acquisitions, Inc. v. DePierro, 125 So. 3d 889 (Fla. 4th DCA 2013).

Cited 3 times | Published | Florida 4th District Court of Appeal | 2013 WL 1748642, 2013 Fla. App. LEXIS 6544

...at the beginning of the rental period. This was supported by unrebutted testimony that the parties negotiated for a year’s rental with a single payment rental for a reduced amount, not eleven installments. The rental payment period is yearly. See § 83.46(2), Fla....
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Johnson v. Manatee Bay Apts. Corp. (In Re Johnson), 460 B.R. 328 (Bankr. S.D. Fla. 2011).

Cited 2 times | Published | United States Bankruptcy Court, S.D. Florida.

...on date or are deemed to have arisen prior to the petition date under section 502. Under Florida law, applicable to the Lease Agreement, a claim for rent under a lease arises when the rent is due pursuant to the terms of the lease. See Florida Stat. § 83.46(1) (1993) ("[P]eriodic rent is payable at the beginning of each rent payment period ...."); see also Holiday Furniture Factory Outlet Corp....
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Gross v. Bartlett, 547 So. 2d 661 (Fla. 2d DCA 1989).

Published | Florida 2nd District Court of Appeal | 14 Fla. L. Weekly 1473, 1989 Fla. App. LEXIS 3412, 1989 WL 64526

...without notice. When neither party attempted to.renew the lease at the end of the first year, the tenancy simply became a tenancy at will. 1 At that point, the duration of the tenancy became month to month because the rent payments were due monthly. § 83.46(2), Fla.Stat....
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Christina Marie Powers v. Roy George Whitcraft, III (Fla. 4th DCA 2021).

Published | Florida 4th District Court of Appeal

...Although the record does not indicate the rental agreement’s duration, the county court found the alleged landlord required the alleged tenant to pay first and last month rent and a $600 security deposit, thus indicating a month-to- month tenancy. See § 83.46(2), Fla....
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Florida Bar re Approval of Forms Pursuant to Rule 10-1.1(b), 591 So. 2d 594 (Fla. 1991).

Published | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 765, 1991 Fla. LEXIS 2134, 1991 WL 258213

...ion. However, the landlord shall not be required to maintain a mobile home or other structure owned by the tenant. The landlord’s obligations under this subsection may be modified by the lease in the case of a single-family home or duplex. SOURCE: Section 83.46, Florida Statutes (1990)....
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In re Revisions to Simplified Forms Pursuant to Rule 10-2.1(a) of the Rules Regulating the Florida Bar, 50 So. 3d 503 (Fla. 2010).

Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 216, 2010 Fla. LEXIS 568, 2010 WL 1488111

...(4) The landlord is not responsible to the tenant under this section for conditions created or caused by the negligent or wrongful act or omission of the tenant, a member of the tenant’s family, or other person on the premises with the tenant’s consent. SOURCE: Section 83.46,83.56, Florida Statutes (49952007)....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.