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Rent Regulations

Fla. Stat. § 83.40 et seq. § 83.47

Prohibited provisions in rental agreements.

In Force
Verified 10/28/2026 · Next check 11/4/2026
FloridaProhibited Clauses

Operative Text

Fla. Stat. § 83.40 et seq. § 83.47
(1) A provision in a rental agreement is void and unenforceable to the extent that it: (a) Purports to waive or preclude the rights, remedies, or requirements set forth in this part. (b) Purports to limit or preclude any liability of the landlord to the tenant or of the tenant to the landlord, arising under law. (2) If such a void and unenforceable provision is included in a rental agreement entered into, extended, or renewed after the effective date of this part and either party suffers actual damages as a result of the inclusion, the aggrieved party may recover those damages sustained after the effective date of this part.
Source: Legislative text reproduced verbatim
Plain English

Florida Statutes § 83.47 establishes that certain clauses in residential rental agreements carry no legal weight. Specifically, any provision that attempts to strip away rights or remedies granted by Florida's landlord-tenant law, or that tries to eliminate either party's legal liability, is automatically void and unenforceable. Beyond simply nullifying such clauses, the statute also allows a party who actually suffers harm because such a prohibited clause was included in an agreement to seek compensation for those damages.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 28, 2026

Plain English — not legal advice.

For Property Managers

Under Fla. Stat. § 83.47, property owners and managers should ensure that lease agreements do not contain clauses that attempt to waive statutory tenant rights, eliminate remedies provided by Florida's residential landlord-tenant law, or broadly disclaim landlord liability. Compliant operators typically have their lease templates reviewed to confirm that no such provisions appear, since including them not only renders those clauses void but can also expose the landlord to a damages claim if the tenant suffers actual harm as a result. Regularly updating lease forms when the law changes is a common practice among operators seeking to stay within the bounds of § 83.47.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Fla. Stat. § 83.47 means that if your rental agreement contains a clause purporting to take away your legal rights or remedies, or to shield the landlord from liability, that clause is unenforceable as a matter of Florida law. Tenants who suffered actual harm because such a prohibited provision was included in their lease may have a basis to seek recovery of those damages. General enforcement paths include raising the unenforceability of such a clause as a defense in any proceeding where a landlord attempts to rely on it, or consulting a tenant-rights organization familiar with § 83.47 to understand what options may be available.

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.

Effective Timeline

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References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

Fla. Stat. § 83.515
Fla. Stat. ch. 83
Fla. Stat. § 83.40
Fla. Stat. ch. 83
Fla. Stat. § 83.515
Fla. Stat. ch. 83
Fla. Stat. ch. 83
Fla. Stat. § 83.49
Fla. Stat. ch. 83
Fla. Stat. ch. 83
Fla. Stat. § 83.51
Fla. Stat. § 83.505
Fla. Stat. ch. 83
Fla. Stat. § 83.49
Fla. Stat. § 83.45
Fla. Stat. § 83.47
Fla. Stat. ch. 83
Fla. Stat. § 83.43
Fla. Stat. § 83.505
Fla. Stat. ch. 83
Fla. Stat. § 83.505
Fla. Stat. § 83.59
Fla. Stat. § 83.51
Fla. Stat. § 83.52
Fla. Stat. § 83.505
Fla. Stat. § 83.60
Fla. Stat. § 83.49
Fla. Stat. § 83.46
Fla. Stat. § 83.56
Fla. Stat. § 83.56
Fla. Stat. § 83.57
Fla. Stat. § 83.59
Fla. Stat. § 83.575
Fla. Stat. § 83.55
Fla. Stat. § 83.51
Fla. Stat. § 83.64
Fla. Stat. § 83.50
Fla. Stat. § 83.60
Fla. Stat. § 83.49
Fla. Stat. § 83.56
Fla. Stat. § 83.682
Fla. Stat. § 83.52
Fla. Stat. § 83.59
Fla. Stat. § 83.56
Fla. Stat. § 83.49
Fla. Stat. § 83.49

Related Rules

§ 28
Waivers of Secs. 23 to 27 void and unenforceable
§ 966.6
§ 966.6 Prohibited lease provisions.
§ 12
Stay of proceedings; validity of waiver in lease

Source Information

Source:https://www.flsenate.gov/Laws/Statutes/2026/Chapter83/All
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