Void Lease Clauses in Florida Rentals (Fla. Stat. s. 83.47)

Fla. Stat. s. 83.47(1) makes a rental agreement provision void and unenforceable "to the extent that" it purports to waive or preclude the rights, remedies, or requirements in Part II, or to limit or preclude a landlord's or tenant's liability arising under law. If a void provision is included and a party suffers actual damages as a result, the aggrieved party may recover them (s. 83.47(2)).

What s. 83.47(1) says

The text: "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."

"This part" is Part II, ss. 83.40–83.683. A clause is void only "to the extent" it does one of these things:

• waives or precludes a right set out in Part II,
• waives or precludes a remedy or requirement set out in Part II, or
• limits or precludes liability of either party arising under law.

Terms Part II says cannot be waived

The statute lists no example clauses. Two sections state non-waiver outright:

• Section 83.48: "The right to attorney fees in this section may not be waived in a lease agreement."
• Section 83.56(4): "The notice requirements of subsections (1)-(3) may not be waived in the rental agreement." Those subsections cover the tenant's notice to the landlord, the landlord's 7-day notices, and the 3-day notice.

Applying the text to other clauses

These are our readings of s. 83.47(1), not examples from the statute. Whether a particular clause is void depends on its wording and is for a court to decide.

• A clause giving up the retaliation defense. Section 83.64(2) says "Evidence of retaliatory conduct may be raised by the tenant as a defense in any action brought against him or her for possession."
• A clause allowing lockouts or utility shutoffs. Section 83.67(1) and (2) prohibit them.
• A clause saying the landlord is not liable for violating s. 83.67. Subsection (6) sets liability for "actual and consequential damages or 3 months' rent, whichever is greater," and s. 83.47(1)(b) addresses clauses that limit liability arising under law.

Part II allows some variation

A term is not void just because it differs from a default. Check the section for permission to vary it. For example, s. 83.51(1) says the landlord's maintenance obligations "may be altered or modified in writing with respect to a single-family home or duplex," and s. 83.51(2)(a) begins "Unless otherwise agreed in writing." Rent timing in s. 83.46(1) begins "Unless otherwise agreed."

Unconscionable provisions: s. 83.45

Separately, s. 83.45(1) lets a court that "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" refuse to enforce the agreement, enforce the remainder without the provision, or limit the provision's application. Under subsection (2) the parties get "a reasonable opportunity to present evidence as to meaning, relationship of the parties, purpose, and effect."

Damages for a void clause

Section 83.47(2) provides: "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."

Two conditions apply: the void provision is in an agreement entered into, extended, or renewed after the effective date of Part II, and a party suffers actual damages as a result of the inclusion. The statute does not define "actual damages."

Good faith

Section 83.44 says: "Every rental agreement or duty within this part imposes an obligation of good faith in its performance or enforcement."

Attorney fees: s. 83.48

Section 83.48 provides: "In any civil action brought to enforce the provisions of the rental agreement or this part, the party in whose favor a judgment or decree has been rendered may recover reasonable attorney fees and court costs from the nonprevailing party." The word is "may," so the statute does not say the court must award fees.

The section then excludes one claim: "attorney fees may not be awarded under this section in a claim for personal injury damages based on a breach of duty under s. 83.51." It does not address other sources of fees.

Common mistakes

• Assuming any clause that differs from Part II is automatically void, or automatically fine. Read the section: some allow variation, some do not.
• Including a clause that waives the right to attorney fees (s. 83.48).
• Including a clause waiving the s. 83.56(1)-(3) notice requirements (s. 83.56(4)).
• Including a clause that limits the landlord's liability for lockouts or utility shutoffs (s. 83.67).

Checking a lease

1. List every clause that limits a right, a remedy, a notice, or liability.
2. For each, find the Part II section on the same subject.
3. Check whether that section allows the parties to vary it.
4. If it does not, assume the clause is void "to the extent" it conflicts, and rewrite it.

If a clause is in doubt, a Florida landlord-tenant attorney can read it against Part II. A party who suffers actual damages from a void clause may recover them, and a prevailing party in a civil action under Part II may recover fees and costs.

Sources

• Fla. Stat. s. 83.47 — Florida Senate, 2026 Florida Statutes
• Fla. Stat. s. 83.48 — Florida Senate, 2026 Florida Statutes
• Fla. Stat. s. 83.44 — Florida Senate, 2026 Florida Statutes
• Fla. Stat. s. 83.45 — Florida Senate, 2026 Florida Statutes
• Fla. Stat. s. 83.51 — Florida Senate, 2026 Florida Statutes
• Fla. Stat. s. 83.56 — Florida Senate, 2026 Florida Statutes
• Fla. Stat. s. 83.64 — Florida Senate, 2026 Florida Statutes
• Fla. Stat. s. 83.67 — Florida Senate, 2026 Florida Statutes
• Fla. Stat. s. 83.46 — Florida Senate, 2026 Florida Statutes

Related guides

• Florida Security Deposit Deadline Calculator (2026) (free tool)
• Florida Security Deposit Law: The 15-Day / 30-Day Timeline (2026)
• Florida Notice of Intent to Claim a Security Deposit (Template)
• What Happens if a Florida Landlord Misses the 30-Day Deposit Deadline
• Florida 3-Day Notice to Pay Rent or Vacate: Form, Counting, Service
• Florida 7-Day Notice: Cure vs. Unconditional Quit
• Did Florida Change the 3-Day Notice to 5 Days? (SB 716, 2026)
• Can Florida Landlords Send Legal Notices by E-mail? (s. 83.505)
• Florida Landlord Entry Rules: Notice Before Entering (s. 83.53)
• Florida Month-to-Month Lease: Notice to End the Tenancy (s. 83.57)
• Florida Lockouts, Utility Shutoffs and Prohibited Landlord Practices
• Florida Landlord Repair Duty and the Tenant's Rent Defense (s. 83.60)
• Florida Preempts Local Landlord-Tenant Rules: What s. 83.425 Covers
• Florida Tenant Registry Deposit Rule (Fla. Stat. s. 83.60)
• Florida Writ of Possession: The 24-Hour Rule (Fla. Stat. s. 83.62)
• Florida Double Rent for Tenant Holdover (Fla. Stat. s. 83.58)

Informational only, not legal advice. Statute text checked against the 2026 Florida Statutes (Chapter 83, Part II) on October 4, 2026. Statutes change every legislative session and a court may read them differently than a summary does; for a dispute, an eviction or anything expensive to get wrong, talk to a Florida landlord-tenant attorney.