Florida Statewide Rule
Florida Eviction Grounds Set by State Statute
Key Facts
- Authority
- FS Chapter 83 Part II
- Month-to-month notice
- 30 days
- Nonpayment notice
- 3 days
- Noncompliance notice
- 7 days
- Just cause required
- No
Summary
Florida's Residential Landlord and Tenant Act, Chapter 83 Part II, exclusively defines lawful eviction grounds and procedures statewide, preempting cities from adding just-cause requirements that restrict when a landlord may terminate a tenancy.
F.S. 83.64 83.64 Retaliatory conduct. — (1) It is unlawful for a landlord to discriminatorily increase a tenant’s rent or decrease services to a tenant, or to bring or threaten to bring an action for possession or other civil action, primarily because the landlord is retaliating against the tenant. In order for the tenant to raise the defense of retaliatory conduct, the tenant must have acted in good faith. Examples of conduct for which the landlord may not retaliate include, but are not limited to, situations where: (a) The tenant has complained to a governmental agency charged with responsibility for enforcement of a building, housing, or health code of a suspected violation applicable to the premises; (b) The tenant has organized, encouraged, or participated in a tenant organization; (c) The tenant has complained to the landlord pursuant to s. 83.56 (1); (d) The tenant is a servicemember who has terminated a rental agreement pursuant to s. 83.682 ; (e) The tenant has paid rent to a condominium, cooperative, or homeowners’ association after demand from the association in order to pay the landlord’s obligation to the association; or (f) The tenant has exercised his or her rights under local, state, or federal fair housing laws. (2) Evidence of retaliatory conduct may be raised by the tenant as a defense in any action brought against him or her for possession. (3) In any event, this section does not apply if the landlord proves that the eviction is for good cause.
Full Breakdown
FS 83.40 through 83.683 establish a uniform process: landlords may terminate a month-to-month tenancy with 30 days written notice for any reason, terminate for nonpayment with a 3-day notice, or terminate for noncompliance with a 7-day cure or unconditional notice. FS 83.42 limits the chapter's reach but no provision authorizes local just-cause overlays. Florida courts have consistently held that the Act occupies the field of landlord-tenant relations, so city ordinances requiring landlords to prove cause before non-renewal or eviction are unenforceable.
Violations & Penalties
Improper notices result in case dismissal; tenants ousted without statutory process may recover three months' rent or actual damages, whichever is greater, under FS 83.67.
Frequently Asked Questions
Can a Florida city require landlords to renew leases?
What protections do tenants have against retaliatory eviction?
Sources
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