CopyCited 64 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 1417
...The statute provides that "any right or duty declared in this part is enforceable by civil action" and "if either the landlord or the tenant fails to comply with the requirements of ... this part, the agrieved party may recover damages caused by the noncompliance." §§
83.54,
83.55, Fla....
...into harmony with modern conditions; (3) Conduct such surveys or research of the law of Florida as the legislature may request. [3] Use of the word "shall" in this section was intended to impose a mandatory duty. COUNCIL REPORT, Comment, p. 18. [4] Section 83.55, as recommended by the Council, provided that the aggrieved party could recover "damages caused by the non-compliance, but punitive damages are not recoverable under this part." The limitation on punitive damages was deleted in the final bill, suggesting that punitive damages may be recovered in appropriate cases....
CopyCited 7 times | Published | Court of Appeals for the Eleventh Circuit | 1986 U.S. App. LEXIS 33558
...s necessary to be made caused by the acts or neglect of the TENANT. Second, the tenants alleged that HUD violated Florida landlord-tenant law, Fla.Stat. *1556 §
83.51. 7 Section
83.51 codifies Florida landlord maintenance obligations and Fla. Stat. §
83.55 provides that a tenant may recover damages for a breach of these obligations....
...bsection (1). (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 his family, or other person on the premises with his consent. Section 83.55 provides: Remedies; right of action for damages If either the landlord or the tenant fails to comply with the requirements of the rental agreement or this part, the aggrieved party may recover the damages caused by the noncompliance....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal
...Absent section
718.401(4) the court has no authority to require Lake Tippecanoe to make payment of rent in this situation. National Lake Developments has an adequate remedy at law should it be needed. National Lake Developments may bring an action on the lease agreement for damages if the payments are not made. See §
83.55, Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...injunctive relief. [3] We reverse the order dismissing the complaint for lack of jurisdiction. Because we reverse, the plaintiff should be given the opportunity to properly plead an entitlement to injunctive relief. Reversed and remanded. NOTES [1] Section 83.55, Florida Statutes (1979) provides a basis for compensatory damages....
CopyPublished | Florida 4th District Court of Appeal
...7(6) and stated that she “was also
successful in defending against the two (2) counterclaims filed” by
Defendant, pointing out that the counterclaims “asked for the award of
attorney’s fees and court costs under Florida Statutes §
83.52 and §
83.55
with §
83.43 as controlling authority.” Plaintiff further asserted that
Defendant “is not entitled to seek a reduction in fees based on the fact that
the Plaintiff was only successful in one (1) cause of action....
CopyPublished | Florida 3rd District Court of Appeal
...conclusion that, whether intended or not, in circumstances in which the
commencement of eviction proceedings is contemplated, the procurement
of a writ of possession is a prerequisite to standing idly by.
1
Harmonizing the choice of remedies with section 83.55 and the lease, we
conclude that abandonment, surrender, or procurement of a writ of
possession is a prerequisite to suit. See § 83.55, Fla....
