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Florida Statute 83.59 - Full Text and Legal Analysis
Florida Statute 83.59 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 83
LANDLORD AND TENANT
View Entire Chapter
83.59 Right of action for possession.
(1) If the rental agreement is terminated and the tenant does not vacate the premises, the landlord may recover possession of the dwelling unit as provided in this section.
(2) A landlord, the landlord’s attorney, or the landlord’s agent, applying for the removal of a tenant, shall file in the county court of the county where the premises are situated a complaint describing the dwelling unit and stating the facts that authorize its recovery. A landlord’s agent is not permitted to take any action other than the initial filing of the complaint, unless the landlord’s agent is an attorney. The landlord is entitled to the summary procedure provided in s. 51.011, and the court shall advance the cause on the calendar.
(3) The landlord shall not recover possession of a dwelling unit except:
(a) In an action for possession under subsection (2) or other civil action in which the issue of right of possession is determined;
(b) When the tenant has surrendered possession of the dwelling unit to the landlord;
(c) When the tenant has abandoned the dwelling unit. In the absence of actual knowledge of abandonment, it shall be presumed that the tenant has abandoned the dwelling unit if he or she is absent from the premises for a period of time equal to one-half the time for periodic rental payments. However, this presumption does not apply if the rent is current or the tenant has notified the landlord, in writing, of an intended absence; or
(d) When the last remaining tenant of a dwelling unit is deceased, personal property remains on the premises, rent is unpaid, at least 60 days have elapsed following the date of death, and the landlord has not been notified in writing of the existence of a probate estate or of the name and address of a personal representative. This paragraph does not apply to a dwelling unit used in connection with a federally administered or regulated housing program, including programs under s. 202, s. 221(d)(3) and (4), s. 236, or s. 8 of the National Housing Act, as amended.
(4) The prevailing party is entitled to have judgment for costs and execution therefor.
History.s. 2, ch. 73-330; s. 1, ch. 74-146; s. 24, ch. 82-66; s. 1, ch. 92-36; s. 447, ch. 95-147; s. 1, ch. 2007-136; s. 11, ch. 2013-136.

F.S. 83.59 on Google Scholar

F.S. 83.59 on CourtListener

Amendments to 83.59


Annotations, Discussions, Cases:

Cases Citing Statute 83.59

Total Results: 19  |  Sort by: Relevance  |  Newest First

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Toledo v. Escamilla, 962 So. 2d 1028 (Fla. 3d DCA 2007).

Cited 11 times | Published | Florida 3rd District Court of Appeal | 2007 WL 2254764

...We find that the circuit court failed to apply the correct law in affirming the county court's judgment, as the county court lacked subject matter jurisdiction to enter the judgment of eviction. The Act affords a landlord a summary procedure in county court when seeking to remove a tenant from its premises. Specifically, section 83.59(2), Florida Statutes (2004), provides in part: A landlord ....
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Springbrook Commons, Ltd. v. Brown, 761 So. 2d 1192 (Fla. 4th DCA 2000).

Cited 5 times | Published | Florida 4th District Court of Appeal | 2000 Fla. App. LEXIS 8078, 2000 WL 827322

...icient to obtain personal jurisdiction over the defendants for the purpose of entering a money judgment, which may be enforced against other assets. We agree with Judge Evans' reasoning and adopt it as our own. We reject the landlord's argument that section 83.59(4), Florida Statutes (1999), which provides that the prevailing party in an action for possession is entitled to costs, compels a different result....
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DiMassimo v. City of Clearwater, 805 F.2d 1536 (11th Cir. 1986).

Cited 5 times | Published | Court of Appeals for the Eleventh Circuit | 1986 WL 1167018

to sustain the instant action. Florida Statutes § 83.59(3)(a) provides that a landlord may only recover
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Hoffman v. Ouellette, 798 So. 2d 42 (Fla. 4th DCA 2001).

Cited 3 times | Published | Florida 4th District Court of Appeal | 2001 WL 1230816

...e states in the determination of the particular issue. As stated above, Quebecs regulatory scheme expressly recognizes the right of its citizens to seek redress in the United States courts for injuries received as a result of an automobile accident. Section 83.59 of the Quebec Automobile Insurance Act provides: Accident outside Quebec....
...ding coverage in the United States, equal to the minimum amount of insurance prescribed by legislation respecting insurance in force in the state where the accident occurs. Finally, consistent with Quebecs recognition of the right to sue in Florida, Section 83.59 of the Act provides for its right of subrogation with regard to no-fault benefits paid....
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Lane v. Brith, 313 So. 2d 91 (Fla. 4th DCA 1975).

Cited 3 times | Published | Florida 4th District Court of Appeal

...Graddy, Florida Rural Legal Services, Delray Beach, for appellants. No appearance for appellee. OWEN, Chief Judge. Appellants, tenants of a dwelling unit, were dispossessed by the landlord. Apparently the action was brought under the provisions of § 83.59, F.S....
...the Supreme Court by Article V, § 2(a), Florida Constitution. [1] We must reject this argument. The matter of acquiring jurisdiction over the person in a judicial proceeding is a proper subject for legislative action. Pursuant to the provisions of § 83.59(2), F.S....
...1973, the plaintiff landlord utilized the summary procedure provided in § 51.011, F.S. 1971, by virtue of which default and final judgment were entered more than five days (but less than twenty days) after service of process. Appellants argue that § 83.59(2), F.S....
...We think this argument overlooks Rule 1.010, R.C.P., which provides that "the form, content, procedure and time for pleading in all special statutory proceedings shall be as prescribed by the statutes providing for such proceedings unless these rules specifically provide to the contrary". § 83.59, F.S....
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Mesnikoff v. Fq Backyard Trading, LLC, 239 So. 3d 765 (Fla. Dist. Ct. App. 2018).

Cited 1 times | Published | District Court of Appeal of Florida

complaint a second count for possession under section 83.59(1) of the Act, which it did not, we would nonetheless
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The Florida Bar v. Mickens, 505 So. 2d 1319 (Fla. 1987).

Cited 1 times | Published | Supreme Court of Florida | 12 Fla. L. Weekly 141

...In contrast, residential tenancies are governed by Part II of the chapter, which states that only the landlord may file a complaint for eviction. Because Part II does not reference the provision in Part I for filing eviction or distress of rent actions and only addresses actions filed by the landlord, § 83.59(2), Florida Statutes, may be construed as excluding non-attorney agents from filing on behalf of a residential landlord....
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Hous. Opportunities Proj. for Excellence, Inc. v. Spv Realty, Lc, 212 So. 3d 419 (Fla. 3d DCA 2016).

Cited 1 times | Published | Florida 3rd District Court of Appeal | 2016 Fla. App. LEXIS 18680

administrative remedies. See Ch. 51, Fla. Stat., and § 83.59(2), Fla. Stat. (2016). There is neither logic nor
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Florida Bar re Advisory Opinion—Nonlawyer Preparation of & Representation of Landlord in Uncontested Residential Evictions, 605 So. 2d 868 (Fla. 1992).

Published | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 609, 1992 Fla. LEXIS 1635, 1992 WL 275896

supplemental authority a recent amendment to section 83.59(2), Florida Statutes (1991), that purports to
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Kac 2021-1, LLC, as Assignee for Johnny Smith v. Am. Homes 4 Rent Props. One, L L C (Fla. 2d DCA 2024).

Published | Florida 2nd District Court of Appeal

for possession of residential property under section 83.59. See AGM Invs., LLC, 219 So. 3d at 925. "Conduct
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Stein v. Hubbs, 439 So. 2d 1005 (Fla. Dist. Ct. App. 1983).

Published | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 22759

seeking eviction of a tenant may, pursuant to section 83.59(2), Florida Statutes (1981), use the summary
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Borjas v. Vergara (Fla. Dist. Ct. App. 2017).

Published | District Court of Appeal of Florida

3D17-1072 (Fla. 3d DCA May 9, 2017). 2 Pursuant to section 83.59, a landlord “is entitled to the summary procedure
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Nephatari P. Ford v. Princeton Groves FL Apts. (Fla. 3d DCA 2025).

Published | Florida 3rd District Court of Appeal

if the tenant fails to vacate the premises, section 83.59, Florida Statutes (2024) provides that “the
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Ian H. Kaufman v. High Seas, LLC (Fla. Dist. Ct. App. 2024).

Published | District Court of Appeal of Florida

brought a suit for possession, pursuant to section 83.59, Florida Statutes (2022). Section 83.60 provides
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Yolani Castillo v. Radames Antonio Camacho Aldahondo (Fla. 6th DCA 2025).

Published | Florida 6th District Court of Appeal

pleaded by Camacho in the eviction action, section 83.59, Florida Statutes (2022), authorizes the county
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Golden Cape of Florida, Inc. v. Patricia Lynn Perez De Ospina (Fla. Dist. Ct. App. 2021).

Published | District Court of Appeal of Florida

courts' jurisdiction in cases involving ejectment); § 83.59(2), Fla. Stat. (providing for county courts'
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William Hefley & Aimee J. Hefley v. Christopher Holmquist (Fla. 5th DCA 2025).

Published | Florida 5th District Court of Appeal

provide written notice of an intended absence. Id. § 83.59(3)(c). Despite abandoning the premises, the tenant
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Ashbil D. Gill v. Alexander Parvez (Fla. Dist. Ct. App. 2021).

Published | District Court of Appeal of Florida

complaint against the Gills, seeking eviction. See § 83.59(2), Fla. Stat. (2020) (“A landlord, the landlord’s
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Cameron Jenkins v. Euclid, L.C. (Fla. Dist. Ct. App. 2024).

Published | District Court of Appeal of Florida

011, Fla. Stat. (2022) (Summary Procedure) and § 83.59(2), Fla. Stat. (2022) (Right of Action for Possession);

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.