Florida/Georgia Personal Injury & Workers Compensation

...[3] It is interesting to note that with the enactment of the "Residential Landlord and Tenant Act" in 1973, the legislature has declared exculpatory clauses to be void and unenforceable, seemingly overruling the decision in Middelton v. Lomaskin, supra. (See Section 83.47, Chapter 73-330, Laws of Florida)....

...asserted in the complaint based on allegations of intentional tort. Accordingly the order dismissing the complaint is reversed, and the cause is remanded for further proceedings. Reversed and remanded. NOTES [1] Under ch. 73-330, § 2 (appearing as § 83.47, Fla....

...In their answer to the subrogation claim filed by Hartford, the Touts asserted the exculpatory clause cited above as an affirmative defense. Hartford's motion to strike this defense was granted, which the Touts alleged to be error. We disagree. While the ruling of the trial court is supportable on Section 83.47(1)(b), Florida Statutes (1975), which makes agreements to limit or preclude liability void, see also Fuentes v....

...f his landlord have been upheld, but none of these dealt with the specific violation of safety codes. E.g., Rubin v. Randwest Corporation, 292 So.2d 60 (Fla. 4th DCA 1974); Middleton v. Lomaskin, 266 So.2d 678 (Fla. 3d DCA 1972). With the passage of Section 83.47, Florida Statutes (1977), the validity of an exculpatory provision for any purpose in a residential lease is in serious doubt....

...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. Section 83.47(1)(a), Florida Statutes (1995), renders a waiver under Moskos v....

...to the defendant-appellees' affirmative defense. Roberts v. Braynon, Fla. 1956, 90 So.2d 623; Gold Coast Crane Service, Inc. v. Watier, Fla. 1971, 257 So.2d 249. It is so ordered. WALDEN, C.J., and LEE, THOMAS E., Associate Judge, concur. NOTES [1] Section 83.47 F.S....

...able for the difference between rental stipulated to be paid under the lease agreement and what, in good faith, the landlord is able to recover from a reletting; or (c) Stand by and do nothing, holding the lessee liable for the rent as it comes due. Section 83.47(1)(a) provides that a "provision in a rental agreement is void and unenforceable to the extent that it ....

...This does not, however, end our analysis. 6  The Family Trust persuasively argues that a lease cannot abridge the rights afforded under the Florida Residential Landlord and Tenant Act (the “Act”). See § 83.40 et seq., Fla. Stat. (2018). To that end, section 83.47, Florida Statutes, declares void and unenforceable any provision in a rental agreement that “purports to waive or preclude the rights, remedies, or requirements . . . or preclude any liability of the landlord to the tenant or of the tenant to the landlord, arising under law.” § 83.47(a)–(b), Fla....

...of Florida.” Pursuant to the Florida Residential Landlord and Tenant Act, the requirement that the Hefleys’ consented to every instance where Holmquist entered the Premises is void and unenforceable except to the extent that consent is required under the act itself. See § 83.47(1)(a), Fla. Stat. (“A provision in a rental agreement is void and unenforceable to the extent that it . . . [p]urports to waive or preclude the rights, remedies, or requirements set forth in this part.”); Duffner, 394 So. 3d at 239 (discussing section 83.47(1)). 17 dwelling unit from time to time in order to inspect the premises; make necessary or agreed repairs, decorations, alterations, or improvements; ....

...2d at 556 (“The fact that the landlord enters and cares for the premises after the tenant’s abandonment is not regarded as showing a resumption of exclusive possession, effecting a surrender, nor does the making of repairs in itself have that effect.”); see also § 83.47(1)(a), Fla....

...which is in any way related either to my reliance on any of the ... [door locks] mentioned above or to any defect, malfunction, or inadequacy concerning any of them.” On the other hand, plaintiff contends that the foregoing provision in that document is rendered unenforceable by section 83.47 which provides in part, Prohibited provisions in rental agreements....

...hat represented by the Apartment Security Acknowledgement and Release, to dispense with the landlord’s statutory duty to make reasonable provisions for locks. The thrust of that argument seems to be that section 83.51(2)(a) permits an exception to section 83.47 in the sense that when the duty to make reasonable provisions for locks is dispensed with by such an agreement, there can be no liability of the landlord for not making reasonable provisions for locks from which section 83.47 would prohibit a release....

...for a breach thereof. The meaning seems to be, in other words, that, regardless of such a duty of the landlord, there is a duty of the tenant which, it is argued, would preclude liability of the landlord. Provisions to that effect are prohibited by section 83.47 and, for the reason explained above, are not excepted from section 83.47 by section 83.51(2)(a)....

the court commented that with the passage of Section 83.47, Florida Statutes (1977), the validity of an