CopyCited 29 times | Published | District Court, S.D. Florida | 1992 U.S. Dist. LEXIS 7366, 1992 WL 152239
...of habitability claim under state law, on the grounds that: (1) the only remedy available under this theory is termination of the lease agreement; and (2) the Plaintiffs have failed to plead compliance with the notice requirement of Florida Statute Section 83.56(1)....
CopyCited 18 times | Published | Florida 5th District Court of Appeal
...1973], or may raise any other defense, whether legal or equitable, that he may have. The defense of a material noncompliance with s.83.51(1) [F.S. 1973] may be raised by the tenant if 7 days have elapsed after the delivery of written notice by the tenant to the landlord as prescribed in s.83.56(4) *1035 [F.S....
...The tenants contend that the court erred in directing a verdict against them as to those counts. The record, however, does not reflect that action by the court. When the court announced that it would grant a directed verdict to certain issues regarding the requirements of notice under section 83.56(1), Florida Statutes (1981), counsel for the tenants took a "voluntary dismissal" [2] of all counts except the count founded on negligence....
...ntract. On the other hand, he consumes some of the beans and becomes ill, he also has a cause of action for negligence for his personal injuries. To recover for diminishment in the value of the premises, it is necessary for the tenant to comply with section 83.56, Florida Statutes (1981), which provides as follows: Remedies; termination of rental agreement....
...It did not create a new cause of action in tort for the diminution in value of the premises. It only extended a duty to the landlord which had formerly been transferred to the tenant with possession. To accept the tenants' argument that the notice under section 83.56 is not required because they framed their claim in negligence would defeat the legislative requirement of notice....
CopyCited 9 times | Published | United States Bankruptcy Court, M.D. Florida | 8 Fla. L. Weekly Fed. B 176, 1994 Bankr. LEXIS 1473, 1994 WL 518932
...relief under Chapter 11 in this Court. The resolution of the matter under consideration requires the interpretation of a lease and the Florida statute which governs the relationship between landlords of tenants of commercial leases, Florida Statute § 83.56....
...ral Savings & Loan Association v. DeLoach, Fla.App.,
362 So.2d 982 (1978). Jimmy Hall's Morningside v. Blackburn & Peck Enter.,
235 So.2d 344 (Fla.1970). These provisions are codified, to some extent, by the default provision of the Florida Statute, §
83.56, subsection (3) which provides, inter alia, that if a tenant fails to pay rent when due and the default continues for three days, excluding Saturday, Sunday, and legal holidays, after delivery of written demand by the landlord for payment of...
...between [the landlord] and Hickory Point Industries." On June 13, 1985, the Bankruptcy Court concluded that the letter did not effectively terminate the lease because the landlord did not comply with the three-day notice provision of Florida Statute § 83.56....
CopyCited 8 times | Published | Florida 1st District Court of Appeal
...When the landlord fails to keep the premises in good repair, the tenant is permitted after notice, either to terminate the rental agreement and vacate or remain in possession and deduct that portion of the rent caused by the landlord's noncompliance. Section 83.56(1)....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1992 WL 126576
...The manager of the Destination Motel could not terminate appellant's tenancy on the spot by an immediate "verbal eviction," for neither creating a disturbance nor being behind in rental payments invests the landlord with the legal right to terminate a tenancy without prior written notice. Section 83.56(2)(a), Florida Statutes (1989), authorizes a landlord to terminate a tenancy for "continued unreasonable disturbance" by giving seven days' written notice. Section 83.56(3), Florida Statutes (1989), makes nonpayment of rent the basis for termination, but only after three days expire, following delivery of the required written notice....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1998 WL 17649
...ng in a miscarriage of justice," we deny the petition. See Combs v. State,
436 So.2d 93, 96 (Fla.1983). We write to address one point raised by the petitioner. She argues that the eviction was predicated on a three-day notice that did not conform to section
83.56(3), Florida Statutes (1995)....
...ful detention of lands and tenements." Based on these authorities, the trial court in this case had subject matter jurisdiction over the eviction action, even assuming that the three-day notice failed to substantially comply with the requirements of section 83.56(3)....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 11 Fla. L. Weekly 61, 1985 Fla. App. LEXIS 5940
...reat public importance. The trial court held that a landlord's action for eviction was premature because Florida Rule of Civil Procedure 1.090(e), which applies to delivery of notice by mail, extended the three day notice period required by sections 83.56(3) and (4), Florida Statutes (1983) of the Landlord and Tenant Act....
...Upon the landlord's motion, the county court certified the following question: Does rule 1.090(e) of the Florida Rules of Civil Procedure apply to the delivery of the notice to pay rent or vacate that is mailed under the authority of Florida Statute 83.56(3)? We agree with the trial court and answer the question in the affirmative. A landlord is statutorily authorized to terminate a rental agreement after a tenant fails to comply within three days to a written demand for payment of rent, § 83.56(3) Fla. Stat. (1983). Delivery of the landlord's demand is governed by section 83.56(4), Florida Statutes (1983), which provides: The delivery of the written notices required by subsections (1), (2) and (3) shall be by mailing or delivery of a true copy thereof or, if the tenant is absent from his last or usual place of residence, by leaving a copy thereof at the residence....
...We conclude that this holding will not contradict the legislative intent of expediting landlord/tenant disputes but will result in tenants who receive notice by mail being treated similarly to those who receive notice by the other forms of delivery. We decline to answer the second certified question as to whether section 83.56(5), *221 Florida Statutes (1983) precludes a landlord from inserting a provision in the lease which allows him to accept late or partial rent from a tenant without waiving his right to evict....
CopyCited 2 times | Published | Florida 4th District Court of Appeal
...In final reference to this point concerning the changes in the building, the trial court found that Multach waived her *1256 right to enforce that portion of the written contract. We have examined the record and can find no basis for waiver. In possible explanation we note that Section 83.56(5), Florida Statutes (1981), provides: (5) If the landlord accepts rent with actual knowledge of a noncompliance by the tenant or accepts performance by the tenant of any other provision of the rental agreement that is at variance with...
CopyCited 2 times | Published | Florida 5th District Court of Appeal
...emises. Petitioner appealed to the circuit court and raised two points on appeal. In the first point, petitioner contended that the county court erred in failing to entertain one of petitioner's defenses which involved petitioner's interpretation of section 83.56(5), Florida Statutes (1979)....
CopyCited 2 times | Published | United States Bankruptcy Court, S.D. Florida.
...A lessor with the power to *333 terminate its lease may elect not to do so. The parties may continue to perform their respective obligations under the lease. In many cases, the failure to take advantage of a breach gives rise to a waiver of such right. See Fla. Stat. § 83.56(5) (1999) ("If the landlord accepts rent with actual knowledge of a noncompliance by the tenant or accepts performance by the tenant of any other provision of the rental agreement that is at variance with its provisions......
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1989 WL 25353
...However, section
83.06 applies only to "nonresidential tenancies," and the property here was a single-family residence. Also, section
83.06 requires proof of a demand for double rent. It clearly is not applicable. I agree with the majority opinion that section
83.56 [5] does not apply *376 to this lawsuit either, because it is not a suit to recover possession of real property after the expiration of a rental agreement....
...Tarr,
467 So.2d 459, 460 (Fla. 4th DCA 1985); Berndt v. Bieberstein,
465 So.2d 1264 (Fla. 2d DCA 1985); McNorton v. Pan American Bank of Orlando,
387 So.2d 393, 396 (Fla. 5th DCA 1980), rev. denied,
392 So.2d 1377 (Fla. 1981), and cases cited therein. [5] Section
83.56, Florida Statutes (1985) states:
83.56 Remedies; termination of rental agreement....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1997 Fla. App. LEXIS 14517, 1997 WL 795671
...uant to rule 1.090(e). As appellee points out, the statute does not say anywhere that rule 1.090(e) is not to apply. He relies on Investment & Income Realty, Inc. v. Bentley,
480 So.2d 219 (Fla. 5th DCA 1985), in which rule 1.090(e) was applied to a section
83.56(3) notice to pay rent or vacate that the landlord mailed to the tenant, using one permissible means of service; there, the court consequently affirmed the trial court's dismissal of the landlord's eviction action as prematurely filed....
CopyPublished | Florida 2nd District Court of Appeal
terminating the rental agreement pursuant to section
83.56(3). Section
83.56 governs the termination of rental agreements
CopyPublished | Florida 3rd District Court of Appeal
without first conducting a hearing. Section
83.56, Florida Statutes (2024), provides various rights
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 16885
but I couldn’t say it and tell the truth. . Section
83.56(5), Florida Statutes (1979): [I]f the tenant
CopyPublished | Florida 2nd District Court of Appeal
eviction notice on the tenant's front door. See §
83.56(4), Fla. Stat. (2022) (providing for the delivery
CopyPublished | District Court of Appeal of Florida
giving Quevedo three-day notice pursuant to section
83.56(3), Florida Statutes (2019), was personally
CopyPublished | District Court of Appeal of Florida
under the lease, despite this noncompliance. See §
83.56(5)(a), Fla. Stat. (“If the landlord accepts rent
CopyPublished | Florida 4th District Court of Appeal
...possession
of a residential property to the landlord after the tenant failed to pay rent.
The tenant complains that the trial court erred by failing to hold an
evidentiary hearing on her contention that the landlord’s three-day notice,
required by section 83.56(5)(a)(3), Florida Statutes (2014), was flawed....
CopyPublished | United States Bankruptcy Court, M.D. Florida | 9 Fla. L. Weekly Fed. B 386, 1996 Bankr. LEXIS 531, 1996 WL 268089
Court involves the construction of Florida Statute §
83.56(5) (1993) which governs the remedies and termination
CopyPublished | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 765, 1991 Fla. LEXIS 2134, 1991 WL 258213
tenant or to recover past due rent. SOURCE: Section
83.56(3), Florida Statutes (1990). NOTICE FROM LANDLORD
CopyPublished | District Court of Appeal of Florida
waiver of the tenant’s defenses other than 1 Section
83.56(2)(a), Fla. Stat. (2020), explains that when
CopyPublished | District Court of Appeal of Florida
issued a notice invoking the provisions of section
83.56(3), Florida Statutes (2023), informing Tenant
CopyPublished | Florida 6th District Court of Appeal
provided Mikes with a written warning under section
83.56(2)(a), Florida Statutes (2021), I would reverse
