(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.
History.—s. 2, ch. 73-330.
Structure Florida Statutes
Title VI - Civil Practice and Procedure
Chapter 83 - Landlord and Tenant
Part II - Residential Tenancies (Ss. 83.40-83.683)
83.42 - Exclusions from application of part.
83.44 - Obligation of good faith.
83.45 - Unconscionable rental agreement or provision.
83.46 - Rent; duration of tenancies.
83.47 - Prohibited provisions in rental agreements.
83.49 - Deposit money or advance rent; duty of landlord and tenant.
83.50 - Disclosure of landlord’s address.
83.51 - Landlord’s obligation to maintain premises.
83.515 - Background screening of apartment employees; employment disqualification.
83.52 - Tenant’s obligation to maintain dwelling unit.
83.53 - Landlord’s access to dwelling unit.
83.535 - Flotation bedding system; restrictions on use.
83.54 - Enforcement of rights and duties; civil action; criminal offenses.
83.55 - Right of action for damages.
83.56 - Termination of rental agreement.
83.5615 - Protecting Tenants at Foreclosure Act.
83.57 - Termination of tenancy without specific term.
83.575 - Termination of tenancy with specific duration.
83.58 - Remedies; tenant holding over.
83.59 - Right of action for possession.
83.595 - Choice of remedies upon breach or early termination by tenant.
83.60 - Defenses to action for rent or possession; procedure.
83.61 - Disbursement of funds in registry of court; prompt final hearing.
83.62 - Restoration of possession to landlord.
83.625 - Power to award possession and enter money judgment.
83.681 - Orders to enjoin violations of this part.
83.682 - Termination of rental agreement by a servicemember.