Fla. Stat. § 83.40 et seq. § 83.45
Unconscionable rental agreement or provision.
Operative Text
(1) If the court as a matter of law finds a rental agreement or any provision of a rental agreement to have been unconscionable at the time it was made, the court may refuse to enforce the rental agreement, enforce the remainder of the rental agreement without the unconscionable provision, or so limit the application of any unconscionable provision as to avoid any unconscionable result. (2) When it is claimed or appears to the court that the rental agreement or any provision thereof may be unconscionable, the parties shall be afforded a reasonable opportunity to present evidence as to meaning, relationship of the parties, purpose, and effect to aid the court in making the determination.
Florida Statute § 83.45 gives courts the authority to address rental agreements—or individual clauses within them—that are found to be unconscionable at the time they were formed. A court may throw out the entire agreement, remove only the offending provision while keeping the rest intact, or narrow the provision's application to prevent an unfair outcome. Before making that determination, the court must give both parties a fair chance to present evidence about the agreement's meaning, the relationship between the parties, and the purpose and effect of the disputed terms.
Plain English — not legal advice.
Under Fla. Stat. § 83.45, rental agreements that contain one-sided or oppressive terms risk judicial modification or outright refusal to enforce. Operators who regularly review their lease language for clarity, fairness, and proportionality—and who ensure that terms reflect a genuine, mutual understanding with residents—are generally better positioned if a lease provision is ever challenged in court. Keeping records of how lease terms were presented and explained to prospective tenants can also support a showing that the agreement was not unconscionable when made.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Fla. Stat. § 83.45 provides a legal basis for challenging a rental agreement or a specific clause that was grossly unfair or one-sided at the time it was signed. A tenant who believes a lease term is unconscionable may raise that issue as a defense in court proceedings, and the court is required to allow both sides to present evidence before ruling. Tenants seeking to understand whether a particular clause might qualify as unconscionable may benefit from consulting a tenant-rights organization or legal aid office familiar with Florida landlord-tenant law.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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