Fla. Stat. § 83.40 et seq. § 83.42
Exclusions from application of part.
Operative Text
This part does not apply to: (1) Residency or detention in a facility, whether public or private, when residence or detention is incidental to the provision of medical, geriatric, educational, counseling, religious, or similar services. For residents of a facility licensed under part II of chapter 400, the provisions of s. 400.0255 are the exclusive procedures for all transfers and discharges. (2) Occupancy under a contract of sale of a dwelling unit or the property of which it is a part in which the buyer has paid at least 12 months’ rent or in which the buyer has paid at least 1 month’s rent and a deposit of at least 5 percent of the purchase price of the property. (3) Transient occupancy in a hotel, condominium, motel, roominghouse, or similar public lodging, or transient occupancy in a mobile home park. (4) Occupancy by a holder of a proprietary lease in a cooperative apartment. (5) Occupancy by an owner of a condominium unit.
Florida Statute § 83.42 carves out several categories of living arrangements from the state's residential landlord-tenant law. Facilities providing medical, geriatric, educational, counseling, or religious services, transient lodging such as hotels and motels, cooperative apartment proprietary-lease holders, condominium unit owners, and certain contract-of-sale occupants are all excluded from the protections and obligations that part of the statute would otherwise impose. Residents of licensed facilities covered under part II of chapter 400 have a separate, exclusive set of procedures governing transfers and discharges under § 400.0255.
Plain English — not legal advice.
Property owners and managers operating facilities or arrangements listed in § 83.42—such as hotels, motels, rooming houses, licensed care facilities, or cooperative and condominium arrangements—generally recognize that Florida's residential landlord-tenant rules do not govern those relationships. Compliant operators in these excluded categories typically look to the specific statutes or regulations that do apply to their arrangement, such as hospitality licensing rules or condominium law, rather than the residential landlord-tenant framework. Understanding which legal framework applies from the outset helps operators structure agreements, notices, and procedures correctly.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
If you live in a setting that might fall under one of the exclusions listed in § 83.42—such as a care facility, a hotel used as long-term housing, or a cooperative apartment—the standard residential tenant protections under Florida's landlord-tenant law may not apply to your situation. Residents of facilities licensed under part II of chapter 400 should be aware that § 400.0255 provides the exclusive procedures for transfers and discharges from those facilities. Tenant-rights organizations or legal aid services familiar with Florida housing law can help individuals understand which legal framework governs their particular living arrangement.
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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