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View Full Version : Florida statute 83.42 (1)


Amitaba
Feb 16, 2013, 09:04 AM
I have a lease for a residential apartment inside a religious institution (i.e. church). Florida Statute 83.42 (1) states that the Landlord Tenant statute does not apply. Where do I find the statutes that do apply?

tickle
Feb 16, 2013, 09:30 AM
Statute in what regard? Is it actually inside a church, or a building attached to a church. The diocese in the city this building is in, would have (depending on what denomination it is) the information you are seeking. Go to the diocese.

AK lawyer
Feb 16, 2013, 10:29 AM
"83.42 Exclusions from application of part.—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. ..."

So the lease provides your residence as being incidental to one of those servces? General contract law would apply. First look at the terms of the lease. Also, note that although Part II of Chapter 83 doesn't apply, Chapter I does.

"83.001 Application.—This part applies to nonresidential tenancies and all tenancies not governed by part II of this chapter."

And, as Tickle asked, what is the issue that you need to resolve?