Florida Statute 83.60 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 83
LANDLORD AND TENANT

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F.S. 83.60

83.60 Defenses to action for rent or possession; procedure.—

(1)(a) In an action by the landlord for possession of a dwelling unit based upon nonpayment of rent or in an action by the landlord under s. 83.55 seeking to recover unpaid rent, the tenant may defend upon the ground of a material noncompliance with s. 83.51(1), or may raise any other defense, whether legal or equitable, that he or she may have, including the defense of retaliatory conduct in accordance with s. 83.64. The landlord must be given an opportunity to cure a deficiency in a notice or in the pleadings before dismissal of the action.

(b) The defense of a material noncompliance with s. 83.51(1) may be raised by the tenant if 7 days have elapsed after the delivery of written notice by the tenant to the landlord, specifying the noncompliance and indicating the intention of the tenant not to pay rent by reason thereof. Such notice by the tenant may be given to the landlord, the landlord’s representative as designated pursuant to s. 83.50, a resident manager, or the person or entity who collects the rent on behalf of the landlord. A material noncompliance with s. 83.51(1) by the landlord is a complete defense to an action for possession based upon nonpayment of rent, and, upon hearing, the court or the jury, as the case may be, shall determine the amount, if any, by which the rent is to be reduced to reflect the diminution in value of the dwelling unit during the period of noncompliance with s. 83.51(1). After consideration of all other relevant issues, the court shall enter appropriate judgment.

(2) In an action by the landlord for possession of a dwelling unit, if the tenant interposes any defense other than payment, including, but not limited to, the defense of a defective 3-day notice, the tenant shall pay into the registry of the court the accrued rent as alleged in the complaint or as determined by the court and the rent that accrues during the pendency of the proceeding, when due. The clerk shall notify the tenant of such requirement in the summons. Failure of the tenant to pay the rent into the registry of the court or to file a motion to determine the amount of rent to be paid into the registry within 5 days, excluding Saturdays, Sundays, and legal holidays, after the date of service of process constitutes an absolute waiver of the tenant’s defenses other than payment, and the landlord is entitled to an immediate default judgment for removal of the tenant with a writ of possession to issue without further notice or hearing thereon. If a motion to determine rent is filed, documentation in support of the allegation that the rent as alleged in the complaint is in error is required. Public housing tenants or tenants receiving rent subsidies are required to deposit only that portion of the full rent for which they are responsible pursuant to the federal, state, or local program in which they are participating.

History.—s. 2, ch. 73-330; s. 7, ch. 83-151; s. 7, ch. 87-195; s. 7, ch. 93-255; s. 7, ch. 94-170; s. 1374, ch. 95-147; s. 12, ch. 2013-136.

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Amendments to 83.60

Annotations, Discussions, Cases:

Cases Citing Statute 83.60

Total Results: 55

Pomponio v. Claridge of Pompano Condominium

378 So. 2d 774, 1979 Fla. LEXIS 4852

Supreme Court of Florida | Filed: Nov 15, 1979 | Docket: 1794903

Cited 41 times | Published

164 So. at 858 (Buford, J., dissenting). [46] § 83.60(2), Fla. Stat. (1977). [47] § 83.61, Fla. Stat

In Re Amend. to Fla. Rules of Civ. Proc.

682 So. 2d 105, 1996 WL 627562

Supreme Court of Florida | Filed: Oct 31, 1996 | Docket: 2448566

Cited 29 times | Published

1.410. Form 1.923 is amended to comply with section 83.60, Florida Statutes (1995), as amended in 1993

KD Lewis Enterprises Corp. v. Smith

445 So. 2d 1032

District Court of Appeal of Florida | Filed: Jan 5, 1984 | Docket: 1685627

Cited 18 times | Published

into the registry of the court pursuant to section 83.60(2), Florida Statutes (1981). When they failed

Colvin v. Housing Authority

71 F.3d 864, 1996 U.S. App. LEXIS 132, 1996 WL 199

Court of Appeals for the Eleventh Circuit | Filed: Jan 4, 1996 | Docket: 764540

Cited 16 times | Published

counsel misreads Florida law. Under Florida Statutes § 83.60, if the tenant raises any defense other than payment

MATTER OF ROSS v. Metropolitan Dade County

142 B.R. 1013, 1992 U.S. Dist. LEXIS 11372, 1992 WL 175587

District Court, S.D. Florida | Filed: Jun 1, 1992 | Docket: 105405

Cited 12 times | Published

anti-forfeiture doctrine is codified at Section 83.60, Florida Statutes. Section 83.60 provides in relevant part as

Stanley v. Quest International Investment, Inc.

50 So. 3d 672, 2010 Fla. App. LEXIS 18299, 2010 WL 4861722

District Court of Appeal of Florida | Filed: Dec 1, 2010 | Docket: 2396453

Cited 11 times | Published

COURT REGISTRY AS SET FORTH IN FLORIDA STATUTE § 83.60(2) IN ORDER TO DEFEND THE ACTION BASED ON THE DEFECTIVE

First Hanover v. Vazquez

848 So. 2d 1188, 2003 WL 21458792

District Court of Appeal of Florida | Filed: Jun 4, 2003 | Docket: 1712376

Cited 8 times | Published

consolidated action, to mandate, pursuant to section 83.60, Florida Statutes(2002), either payment of rent

In Re Amendments to the Florida Rules of Civil Procedure

52 So. 3d 579, 35 Fla. L. Weekly Supp. 494, 2010 Fla. LEXIS 1507, 2010 WL 3488983

Supreme Court of Florida | Filed: Sep 8, 2010 | Docket: 2556550

Cited 7 times | Published

form 1.923 to comply with the requirements of section 83.60, Florida Statutes, as amended in 1993. FORM

Herrell v. SEYFARTH, SHAW

491 So. 2d 1173, 11 Fla. L. Weekly 1461

District Court of Appeal of Florida | Filed: Jul 2, 1986 | Docket: 1721995

Cited 7 times | Published

landlord for possession of a dwelling. See Section 83.60(1), Florida Statutes. Similar defenses are available

Shell v. Foulkes

19 So. 3d 438, 2009 Fla. App. LEXIS 14942, 2009 WL 3189348

District Court of Appeal of Florida | Filed: Oct 7, 2009 | Docket: 1651753

Cited 3 times | Published

first instance as to the correct interpretation of § 83.60(2), Fla. Stat. (2008). Writ granted; decision quashed

Blanco v. Novoa

854 So. 2d 672, 2003 WL 21459658

District Court of Appeal of Florida | Filed: Jun 25, 2003 | Docket: 1459722

Cited 3 times | Published

of the proceeding into the court registry. See § 83.60(2), Fla. Stat. (2003). The trial court erred by

Freedman v. Geiger

314 So. 2d 189

District Court of Appeal of Florida | Filed: Jun 17, 1975 | Docket: 1736126

Cited 3 times | Published

the lease. Apparently the trial court relied on § 83.60(2), Fla. Stat., which provides that, "(2) In an

Minalla v. Equinamics Corp.

954 So. 2d 645, 2007 Fla. App. LEXIS 4174, 2007 WL 837170

District Court of Appeal of Florida | Filed: Mar 21, 2007 | Docket: 1165305

Cited 2 times | Published

Corp.'s motion for payment of rent pursuant to section 83.60(2) of the Florida Residential Landlord Tenant

Grimm v. Huckabee

891 So. 2d 608, 2005 WL 124237

District Court of Appeal of Florida | Filed: Jan 24, 2005 | Docket: 1704423

Cited 2 times | Published

dwelling pursuant to the summary proceedings of section 83.60(2), Florida Statutes (2003), when appellants

Frey v. Livecchi

852 So. 2d 896, 2003 WL 21800500

District Court of Appeal of Florida | Filed: Aug 6, 2003 | Docket: 2545635

Cited 2 times | Published

court entered a default judgment for eviction. Section 83.60(2), Florida Statutes, requires payment of rent

McGuire v. Nelson

388 So. 2d 42

District Court of Appeal of Florida | Filed: Sep 24, 1980 | Docket: 2584114

Cited 2 times | Published

into the registry of the court as required by section 83.60(2), Florida Statutes (1979). Therefore, the

RSG, LLC v. Lenet

107 So. 3d 1187, 2013 WL 616039, 2013 Fla. App. LEXIS 2614

District Court of Appeal of Florida | Filed: Feb 20, 2013 | Docket: 60228586

Cited 1 times | Published

registry of the court to protect its rights under section 83.60(2), Florida Statutes (2012)? The Lease and

Latosha Burkes v. Rama 80 LLC

District Court of Appeal of Florida | Filed: Jun 11, 2025 | Docket: 70513836

Published

on her motion to determine rent filed under section 83.60(2), Florida Statutes, and (2) striking the

Denise Ann Cross D/B/A Onyx Nails v. Edgewood Grande, LLC

District Court of Appeal of Florida | Filed: May 23, 2025 | Docket: 70349312

Published

than payment. In its order, the court cited to section 83.60(2), Florida Statutes, a section which is applicable

Nephatari P. Ford v. Princeton Groves FL Apartments

District Court of Appeal of Florida | Filed: May 7, 2025 | Docket: 70188177

Published

the summary eviction procedure established in section 83.60, Florida Statutes (2024). On September 5, 2024

Betty Walker v. Fredy Velastegui

District Court of Appeal of Florida | Filed: Apr 30, 2025 | Docket: 69998645

Published

GOODEN, JJ. PER CURIAM. Affirmed. See § 83.60(2), Fla. Stat. (2024) (“In an action by the landlord

Sergej Tews v. Trade Music International LLC

District Court of Appeal of Florida | Filed: Nov 6, 2024 | Docket: 69347191

Published

BOKOR, JJ. PER CURIAM. Affirmed. See § 83.60(2), Fla. Stat. (2024) (“In an action by the landlord

Colby v. Zicarelli

District Court of Appeal of Florida | Filed: Aug 21, 2024 | Docket: 69062889

Published

R. v. State, 4 So. 3d 614, 629 (Fla. 2009). Section 83.60(2), Florida Statutes, states in relevant part

Lilia Belkova Russo v. Zachary Kite and Brittney Kite

District Court of Appeal of Florida | Filed: Aug 14, 2024 | Docket: 68465996

Published

ruling on the Kites’ motion to determine rent. See § 83.60(2), Fla. Stat. Russo opposed the Kites’ motion

Sharon Muscella v. Glen Johnson a/k/a Glenderick Johnson and Penelope A. Johnson

District Court of Appeal of Florida | Filed: Jul 3, 2024 | Docket: 68913291

Published

determine the amount of rent as required by section 83.60(2), Florida Statutes (2023). We reverse.

ALICIA M. JOERGER AND SHANNON M. MAHON v. LAKE ALFRED PLACE LLC

District Court of Appeal of Florida | Filed: Jun 3, 2024 | Docket: 68475424

Published

rent, attaching supporting documentation. See § 83.60(2), Fla. Stat. (2022). Landlord then moved

ALICIA M. JOERGER AND SHANNON M. MAHON v. LAKE ALFRED PLACE LLC

District Court of Appeal of Florida | Filed: Apr 26, 2024 | Docket: 68475424

Published

rent, attaching supporting documentation. See § 83.60(2), Fla. Stat. (2022). Lender then moved

Alisha Price v. Reza Torkaman

District Court of Appeal of Florida | Filed: Apr 24, 2024 | Docket: 68465997

Published

rent at issue into the registry of the court. § 83.60(2), Fla. Stat. (2023). In this case, Tenant timely

Ian H. Kaufman v. High Seas, LLC

District Court of Appeal of Florida | Filed: Mar 27, 2024 | Docket: 68380301

Published

default final judgment of eviction, citing section 83.60(2), Florida Statutes (2022), and asserting that

T.G. UNITED, INC., AND MENTAL TOUGHNESS TRAINING CENTER, LLC vs AADD PROPERTIES, LLC

District Court of Appeal of Florida | Filed: Sep 22, 2023 | Docket: 66677490

Published

the parallel statute for residential tenancies, § 83.60(2), Fla. Stat. (1981). The K.D. landlord had “moved

Shannon Rose v. The Gallery on the River, LLC, etc.

District Court of Appeal of Florida | Filed: Sep 6, 2023 | Docket: 67765021

Published

proceeding, when due.” (emphasis added) (quoting § 83.60(2), Fla. Stat. (2022))); 1560-1568 Drexel Ave

BRIDGE GOLDE v. JUAN SANTANA

District Court of Appeal of Florida | Filed: Aug 30, 2023 | Docket: 67744023

Published

LOBREE, JJ. PER CURIAM. Affirmed. See § 83.60(2), Fla. Stat. (2022) (“In an action by the landlord

DANIELLE JAPPA v. MASTER LESSEE MEZZO, LLC D/ B/ A MEZZO OF TAMPA PALMS APARTMENTS

District Court of Appeal of Florida | Filed: Sep 2, 2022 | Docket: 64944945

Published

Jappa was entitled to a hearing pursuant to section 83.60(2), Florida Statutes (2020), and the trial

CHRISTOPHER GARY BAYLOR vs KENNEDY COURT, LLC

District Court of Appeal of Florida | Filed: Aug 2, 2022 | Docket: 63128010

Published

for Appellee. PER CURIAM. AFFIRMED. See § 83.60(2), Fla. Stat. (2020). LAMBERT, C.J., WALLIS and

PUFF OR SIP HOOKAH LOUNGE & LIQUOR STORE LLC v. BIMINI PROPERTIES INC.

District Court of Appeal of Florida | Filed: Jul 27, 2022 | Docket: 64435964

Published

breach of contract. The tenant also moved under section 83.60(2), Florida Statutes (2021), for the trial court

ASHBIL D. GILL v. ALEXANDER PARVEZ

District Court of Appeal of Florida | Filed: Dec 15, 2021 | Docket: 61618235

Published

during the pendency of the proceeding, when due.” § 83.60(2), Fla. Stat. (2020). While rent was “not

SZE LEE v. 1510 NE 109 ST, LLC

District Court of Appeal of Florida | Filed: Jul 14, 2021 | Docket: 60056667

Published

“tenant interposes any defense other than payment.” § 83.60(2), Fla. Stat. (2021). That statute requires payment

ARTHEISHA AXEN v. POAH CUTLER MANOR, LLC

District Court of Appeal of Florida | Filed: Jun 23, 2021 | Docket: 60006535

Published

for something other than nonpayment of rent, section 83.60(2), Florida Statutes, mandates that within

1560/1568 DREXEL AVENUE, LLC, etc. v. SAIDELL JACQUILINE JIMENEZ

District Court of Appeal of Florida | Filed: May 27, 2021 | Docket: 59940733

Published

emergency hearing requiring compliance with section 83.60(2) of the Florida Statutes. 2 1 While Landlord

F.Y.E.S. HOLDINGS, INC. v. HOUSE GOLDEN RULE, LLC AND PAUL QUEVEDO

District Court of Appeal of Florida | Filed: May 19, 2021 | Docket: 59917980

Published

rents into the court registry as required by section 83.60(2). FYES then alleged that, in response, FYES

LENMAR REALTY, LLC v. SUN ELECTRIC WORKS, INC. and LAKE VISTA CENTER, LLC

District Court of Appeal of Florida | Filed: Apr 14, 2021 | Docket: 59819923

Published

232, Fla. Stat. (2018) (commercial tenancies); § 83.60(2), Fla. Stat. (2018) (residential tenancies).

In Re: Amendments to the Florida Rules of Civil Procedure - 2019 Regular-Cycle Report

Supreme Court of Florida | Filed: Apr 16, 2020 | Docket: 17073632

Published

form 1.923 to comply with the requirements of section 83.60, Florida Statutes, as amended in 1993.

IVETTE SMULDERS for 129-131 HARRISON ST., LLC v. THIRTY-THREE SIXTY CONDOMINIUM ASSOC., INC.

245 So. 3d 802

District Court of Appeal of Florida | Filed: Apr 25, 2018 | Docket: 6375017

Published

assessment with the registry of the court. Compare § 83.60(2), Florida Statutes (2017) (allowing a tenant

Stephens-Williams v. Johnson

181 So. 3d 577, 2016 Fla. App. LEXIS 245, 2016 WL 65498

District Court of Appeal of Florida | Filed: Jan 6, 2016 | Docket: 60252604

Published

of the tenant’s defenses other than payment.” § 83.60(2), Fla. Stat. (2014). As a result, “the landlord

Jamilla Stephens-Williams and SM Williams v. Michael Johnson

District Court of Appeal of Florida | Filed: Jan 6, 2016 | Docket: 3026048

Published

of the tenant’s defenses other than payment.” § 83.60(2), Fla. Stat. (2014). As a result, “the landlord

Claus v. Sommers

181 So. 3d 1249, 2015 Fla. App. LEXIS 19181, 2015 WL 9319142

District Court of Appeal of Florida | Filed: Dec 23, 2015 | Docket: 60252538

Published

PER CURIAM. Affirmed. See § 83.60(2), Fla. Stat. (2013) (“Failure of the tenant to pay the rent into

Noimbie v. Harvey

137 So. 3d 606, 2014 WL 1795643, 2014 Fla. App. LEXIS 6721

District Court of Appeal of Florida | Filed: May 7, 2014 | Docket: 60240388

Published

seven-day repair demand letter pursuant to section 83.60(1). Along with her answer, the tenant posted

Bernstein v. New Beginnings Trustee, LLC

988 So. 2d 90, 2008 Fla. App. LEXIS 10879, 33 Fla. L. Weekly Fed. D 1777

District Court of Appeal of Florida | Filed: Jul 16, 2008 | Docket: 1722262

Published

into the registry of the court, as required by section 83.60(2), Florida Statutes. Otherwise, they would

Green v. Granot

827 So. 2d 1033, 2002 Fla. App. LEXIS 13930, 2002 WL 31114751

District Court of Appeal of Florida | Filed: Sep 25, 2002 | Docket: 64818052

Published

reverse the default judgment entered below under section 83.60(2), Florida Statutes (2000), because the appellants

Amendments to the Florida Rules of Civil Procedure

773 So. 2d 1098, 2000 Fla. LEXIS 2312, 2000 WL 1472356

Supreme Court of Florida | Filed: Oct 5, 2000 | Docket: 64802529

Published

form 1.923 to comply with the requirements of section 83.60, Florida Statutes, as amended in 1993. FORM

Olszewska v. Ferro

590 So. 2d 11, 1991 Fla. App. LEXIS 11811, 1991 WL 247481

District Court of Appeal of Florida | Filed: Nov 26, 1991 | Docket: 64663483

Published

find that the order of default was improper.1 Section 83.-60, Florida Statutes (1989), provides that: (2)

Lakeway Management Co. of Florida v. Stolowilsky

527 So. 2d 950, 13 Fla. L. Weekly 1576, 1988 Fla. App. LEXIS 2792, 1988 WL 67780

District Court of Appeal of Florida | Filed: Jul 5, 1988 | Docket: 64635763

Published

precedent to urging constructive eviction. See Section 83.60(1), Florida Statutes (1985). We therefore find

Karsteter v. Graham Companies

521 So. 2d 298, 13 Fla. L. Weekly 612, 1988 Fla. App. LEXIS 914, 1988 WL 18573

District Court of Appeal of Florida | Filed: Mar 8, 1988 | Docket: 64633156

Published

PER CURIAM. Section 83.60(2), Florida Statutes (1985), which requires a tenant asserting a right to

Alexander v. Adams

501 So. 2d 15, 12 Fla. L. Weekly 25, 1986 Fla. App. LEXIS 10972

District Court of Appeal of Florida | Filed: Dec 17, 1986 | Docket: 64624376

Published

against petitioner for failure to comply with section 83.60(2), Florida Statutes (1985). She was evicted

Phillips v. Cutler

388 So. 2d 48, 1980 Fla. App. LEXIS 17252

District Court of Appeal of Florida | Filed: Sep 17, 1980 | Docket: 64578082

Published

declaratory actions in the circuit court. While Section 83.60, Florida Statutes (1979), does permit the raising