Florida Statute 83.46 Rent; duration of tenancies.

 Explanation: Florida Statute 83.46 (1) (2)

This Florida Statute 83.46 clearly states that the duration of a rental agreements for day-to-day, week-to-week, month-to-month and year-to-year when there was no written agreement or lease.

Reality of the Florida Statute:

The judges do not recognize that a lease termination agreement is required even if there is not a written lease.  The Florida Supreme Court makes it mandatory get a “Rental Termination Notice” which is required by Florida Statute 83.56 with or without a lease.  The local judges do not accept the Florida Supreme Court ruling on this matter.

The judges does not recognize the Florida Supreme Court ruling and they clearly state:

The Rental Termination Notice is mandatory in an eviction case, Florida Supreme Court Ruling Ferry-Morse Seed Co. vs. Hitchcok, 426 S.2d 958, 961 (Fla. 1983).

 

·         In order for a landlord to maintain an action for tenant eviction for non-payment of rent, the landlord must first give a three-day notice that complies with the statutory requirements of Section 83.56 (3) of the Florida Statutes, and

·         Second properly terminate a tenant’s rental agreement prior to filing a complaint for eviction, Florida Statute 83.56 (3). 

If the landlord gives the statutorily required three-day notice, and Properly terminates the rental agreement, Prior to filing the eviction action, Then if the tenant raises any defense other than payment, only then The tenant must post the rent into the Court Registry or the landlord is entitled to a default judgment pursuant to Section 83.60 (2) of the Florida Statutes.  Park Plaza Associates Ltd. vs Glenn D. Paraday and Deborah A. Paraday, Case No. 99-05843 COWE (81) [6 Fla. L. Weekly Supp. 730c] decided by the Honorable Jane Fishman on August 20, 1999.

Step 6 is eliminated if the Rental Termination Notice is missing.  A quote from Vance Lee, Plaintiff vs. Robert Partone, Defendant.Due to the fatally defective Three-day Notice, and Plaintiff’s failure to terminate the rental agreement, prior to filing the complaint for tenant eviction, an essential element of Plaintiff’s cause of action cause of action was missing, and there was no requirement for Defendant to pay rent into the Court Registry.”

As you can see that step 6 is eliminated which means the judge had no right to make a person put the rent money into the Court Registry.

 
 
 

 

 Florida Statute 83.46

83.46  Rent; duration of tenancies.

(1)  Unless otherwise agreed, rent is payable without demand or notice; periodic rent is payable at the beginning of each rent payment period; and rent is uniformly apportionable from day to day.

(2)  If the rental agreement contains no provision as to duration of the tenancy, the duration is determined by the periods for which the rent is payable. If the rent is payable weekly, then the tenancy is from week to week; if payable monthly, tenancy is from month to month; if payable quarterly, tenancy is from quarter to quarter; if payable yearly, tenancy is from year to year.

(3)  If the dwelling unit is furnished without rent as an incident of employment and there is no agreement as to the duration of the tenancy, the duration is determined by the periods for which wages are payable. If wages are payable weekly or more frequently, then the tenancy is from week to week; and if wages are payable monthly or no wages are payable, then the tenancy is from month to month. In the event that the employee ceases employment, the employer shall be entitled to rent for the period from the day after the employee ceases employment until the day that the dwelling unit is vacated at a rate equivalent to the rate charged for similarly situated residences in the area. This subsection shall not apply to an employee or a resident manager of an apartment house or an apartment complex when there is a written agreement to the contrary.

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2 Responses “Florida Statute 83.46 Rent; duration of tenancies.” →

  1. mooreryden

    October 14, 2017

    I have lived in an apartment complex going on 3 years this November. When I moved in I was not asked to produce the ability to pay 3 times the rent and I notified them I was disabled this was never an issue until now. Each year my rent went up, I paid all rent one time and never violated apartment policies. In April of this year (2017) a new management came in. I was called and told I didn’t initial a part of my lease so I went in marked in andsm signed it. Once back in my apartment I noticed they raised my rent 10.00, totaling 735.00/m. I have been paying 725.00 a month. They also informed me i had a 7 month lease now instead of my normal 12 month lease. So, they changed my rent and lease in the middle of a lease!!??? The owner or employee of the owner asked how was it going to pay the rent when it goes up? I told her, “as always, on time” she then told me she could get 800.00 for my apartment. I knew something was up at this time. Two weeks ago I went to pay my rent and I asked about my renewal. The office manager said “I had to get a job and show i could pay 3 times the rent or she wouldn’t consider it” I AM DISABLED!!! This has never been an issue, never brought up, emailed, nothing!!!! I believe this is discrimination and retaliatory due to the fact maintenance was not being fulfilled, so I called the city. Any suggestions or ideas??? Thank, Martin Moore

  2. Hi Martin
    Sorry about your problem but this is becoming a major problem. It is happening all over but until people put enough pressure on the State Representatives to change the Landlord Tenant Laws nothing will change but in fact will only get worse.
    In your case, get all of your documents together, write down all conversations that you have had with the new owners and date them and keep them in order. Then call Legal Services of Greater Miami at 305-576-0080 and talk to them about what is going on. It will take a week for attorney to get back to you. Then they should be able to review your contract and let you know what your options are and that is only if they approve you. This is your best bet unless you hire an attorney. Hiring an attorney is better because the service will be better because the service at Legal Services of Greater Miami is not the greatest.

    If you have any more question please feel free to get back to me. Also make sure you call your State Representative and complain to them about the very bad Landlord Tenant Laws. As you move forward you will see what I mean about very bad Landlord Tenant Laws.

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