§83.10: Landlord’s Lien for Advances | Florida Landlord & Tenant

Описание: Florida Statute §83.10 is an older provision in Florida's nonresidential landlord-tenant laws (Part I of Chapter 83), primarily aimed at agricultural rentals. Its main purpose is to give landlords a powerful lien—a legal claim—on the crops grown on their rented farmland for any "advances" they provide to help the tenant farm successfully. This affects landlords who rent out land for farming and agricultural tenants who receive such support, ensuring landlords can recover those costs from the harvest.

The lien arises automatically when the landlord makes qualifying advances in money, supplies, or other valuable things. These can be provided directly by the landlord, at their request through someone else, or if the landlord has taken legal responsibility for them. Advances must be made at or before the time they're needed and cover things like supporting the tenant and their family (food, essentials), preparing the soil, planting, cultivating, harvesting, saving, handling, or getting the crop ready for sale. The lien attaches specifically to the crop produced that year on the rented land, giving the landlord priority to recover from it.

This statute is quite limited in modern use—it's tied to traditional sharecropping or farm tenancy arrangements and works alongside the distress for rent process (§§83.11+), which is itself rarely used due to due process concerns and preference for standard evictions. It doesn't apply to residential or typical commercial leases (those fall under other rules). Risks include disputes over what counts as an "advance" or proper documentation—without clear records, enforcement through distress could fail, leading to lost recovery or legal challenges. Tenants might face crop seizure disrupting their operations if advances aren't repaid.

History.—s. 2, ch. 3247, 1879; RS 1763; GS 2239; RGS 3558; CGL 5422; s. 34, ch. 67-254; s. 430, ch. 95-147.

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