reglab/housing_qa huggingface dataset:
FL Stat § 64.081 (2021)
2021 Florida Statutes|Title VI - Civil Practice and Procedure|Chapter 64 - Partition of Property|Part I - General Provisions (Ss. 64.011-64.091)|64.081 - Costs; taxes; attorneys’ fees.

64.081 Costs; taxes; attorneys’ fees.—Every party shall be bound by the judgment to pay a share of the costs, including attorneys’ fees to plaintiff’s or defendant’s attorneys or to each of them commensurate with their services rendered and of benefit to the partition, to be determined on equitable principles in proportion to the party’s interest. Such judgment is binding on all his or her goods and chattels, lands, or tenements. In case of sale the court may order the costs and fees to be paid or retained out of the moneys arising from the sale and due to the parties who ought to pay the same. All taxes, state, county, and municipal, due thereon at the time of the sale, shall be paid out of the purchase money.History.—s. 11, Mar. 14, 1844; RS 1497; s. 1, ch. 4545, 1897; GS 1946; RGS 3209; CGL 5001; s. 1, ch. 57-130; s. 19, ch. 67-254; s. 344, ch. 95-147.Note.—Former s. 66.08.
FL Stat § 64.091 (2021)
2021 Florida Statutes|Title VI - Civil Practice and Procedure|Chapter 64 - Partition of Property|Part I - General Provisions (Ss. 64.011-64.091)|64.091 - Personalty.

64.091 Personalty.—The laws applicable to partition and sale for partition of real estate are applicable to the partition and sale for partition of personal property and the proceedings therefor, as far as the nature of the property permits.History.—RS 1498; GS 1947; RGS 3210; CGL 5002; s. 19, ch. 67-254.Note.—Former s. 66.09.
FL Stat § 64.201 (2021)
2021 Florida Statutes|Title VI - Civil Practice and Procedure|Chapter 64 - Partition of Property|Part II - Uniform Partition of Heirs Property Act (Ss. 64.201-64.214)|64.201 - Short title.

64.201 Short title.—This part may be cited as the “Uniform Partition of Heirs Property Act.”History.—s. 2, ch. 2020-55.
FL Stat § 64.202 (2021)
2021 Florida Statutes|Title VI - Civil Practice and Procedure|Chapter 64 - Partition of Property|Part II - Uniform Partition of Heirs Property Act (Ss. 64.201-64.214)|64.202 - Definitions.

64.202 Definitions.—As used in this part, the term:(1) “Ascendant” means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual.(2) “Collateral” means an individual who is related to another individual under the law of intestate succession of this state but who is not the other individual’s ascendant or descendant.(3) “Descendant” means an individual who follows another individual in lineage, in the direct line of descent from the other individual.(4) “Determination of value” means a court order determining the fair market value of heirs property under s. 64.206 or s. 64.210 or adopting the valuation of the property agreed to by all cotenants.(5) “Equitable accounting” means considering contributions and adjustments of accounts between cotenants, which are related to the real property and are based upon such contributions and adjustments, s. 64.081, and common law.(6) “Heirs property” means real property held in tenancy in common which satisfies all of the following requirements as of the filing of a partition action:(a) There is no agreement in a record binding all the cotenants which governs the partition of the property;(b) One or more of the cotenants acquired title from a relative, whether living or deceased; and(c) Any of the following applies:1. Twenty percent or more of the interests are held by cotenants who are relatives;2. Twenty percent or more of the interests are held by an individual who acquired title from a relative, whether living or deceased; or3. Twenty percent or more of the cotenants are relatives.(7) “Partition by sale” means a court-ordered sale of the entire heirs property, whether by open-market sale, sealed bids, or auction conducted under s. 64.210.(8) “Partition in kind” means the division of heirs property into physically distinct and separately titled parcels.(9) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.(10) “Relative” means an ascendant, descendant, or collateral or an individual otherwise related to another individual by blood, marriage, adoption, or law of this state other than this part.History.—s. 2, ch. 2020-55.
FL Stat § 64.203 (2021)
2021 Florida Statutes|Title VI - Civil Practice and Procedure|Chapter 64 - Partition of Property|Part II - Uniform Partition of Heirs Property Act (Ss. 64.201-64.214)|64.203 - Applicability; relation to other law.

64.203 Applicability; relation to other law.—(1) This part applies to partition actions filed on or after July 1, 2020.(2) Provided that a partition action is otherwise available under part I of this chapter, the court shall determine whether the property is heirs property. If the court determines that the property is heirs property, the property must be partitioned under this part unless all of the cotenants otherwise agree in a record.(3) This part supplements part I of this chapter and, if an action is governed by this part, replaces provisions of part I of this chapter that are inconsistent with this part.History.—s. 2, ch. 2020-55.
FL Stat § 64.204 (2021)
2021 Florida Statutes|Title VI - Civil Practice and Procedure|Chapter 64 - Partition of Property|Part II - Uniform Partition of Heirs Property Act (Ss. 64.201-64.214)|64.204 - Service; notice by posting.

64.204 Service; notice by posting.—(1) This part does not limit or affect the method by which service of a complaint in a partition action may be made.(2) If the plaintiff in a partition action seeks notice by publication, and the court determines that the property is heirs property, then the court shall order the clerk of the court to issue a notice of action to the plaintiff in the form set forth in s. 49.08 and the plaintiff must, not later than 10 days after receipt, post the notice of action on the property that is the subject of the action.History.—s. 2, ch. 2020-55.
FL Stat § 64.205 (2021)
2021 Florida Statutes|Title VI - Civil Practice and Procedure|Chapter 64 - Partition of Property|Part II - Uniform Partition of Heirs Property Act (Ss. 64.201-64.214)|64.205 - Commissioners.

64.205 Commissioners.—If the court appoints commissioners pursuant to s. 64.061, each commissioner, in addition to the requirements and disqualifications applicable to commissioners in part I of this chapter, must be disinterested and impartial and not a party to or a participant in the action.History.—s. 2, ch. 2020-55.
FL Stat § 64.206 (2021)
2021 Florida Statutes|Title VI - Civil Practice and Procedure|Chapter 64 - Partition of Property|Part II - Uniform Partition of Heirs Property Act (Ss. 64.201-64.214)|64.206 - Determination of value.

64.206 Determination of value.—(1) Except as otherwise provided in subsections (2) and (3), if the court determines that the property that is the subject of a partition action is heirs property, the court shall determine the fair market value of the property by ordering an appraisal pursuant to subsection (4).(2) If all cotenants have agreed to the value of the property or to another method of valuation, the court shall adopt that value or the value produced by the agreed method of valuation.(3) If the court determines that the evidentiary value of an appraisal is outweighed by the cost of the appraisal, the court, after an evidentiary hearing, shall determine the fair market value of the property and send notice to the parties of the value.(4) If the court orders an appraisal, the court shall appoint a disinterested real estate appraiser licensed in this state to determine the fair market value of the property assuming sole ownership of the fee simple estate. On completion of the appraisal, the appraiser shall file a sworn or verified appraisal with the court.(5) If an appraisal is conducted pursuant to subsection (4), not later than 10 days after the appraisal is filed, the court shall send notice to each party with a known address, stating:(a) The appraised fair market value of the property.(b) That the appraisal is available at the clerk’s office.(c) That a party may file with the court an objection to the appraisal not later than 30 days after the notice is sent, stating the grounds for the objection.(6) If an appraisal is filed with the court pursuant to subsection (4), the court shall conduct a hearing to determine the fair market value of the property not sooner than 31 days after a copy of the notice of the appraisal is sent to each party under subsection (5), whether or not an objection to the appraisal is filed under paragraph (5)(c). In addition to the court-ordered appraisal, the court may consider any other evidence of value offered by a party.(7) After a hearing under subsection (6), but before considering the merits of the partition action, the court shall determine the fair market value of the property and send notice to the parties of the value.In addition to a determination of value under this section, the court shall determine the amount of the equitable accounting upon the request of any cotenant and shall appropriately adjust any price, purchase price, apportioned price, buyout, judgment, or partition granted under this part based on the results of the equitable accounting.History.—s. 2, ch. 2020-55.
FL Stat § 64.208 (2021)
2021 Florida Statutes|Title VI - Civil Practice and Procedure|Chapter 64 - Partition of Property|Part II - Uniform Partition of Heirs Property Act (Ss. 64.201-64.214)|64.208 - Partition alternatives.

64.208 Partition alternatives.—(1) If any cotenant requested partition in kind, or if all the interests of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to s. 64.207, or, if after conclusion of the buyout under s. 64.207, a cotenant remains that has requested partition in kind, the court shall enter a judgment of partition in kind unless the court is satisfied that commissioners appointed pursuant to s. 64.061 have considered the factors listed in s. 64.209 and found that partition in kind will result in prejudice to the cotenants as a group. In considering whether to order partition in kind, the court shall approve a request by two or more parties to have their individual interests aggregated. Such judgment of partition must include the legal description of the real property before partition, the legal description of each new parcel, and the name of each parcel’s owner and shall be recorded by the clerk of the court in the official records of the county where the property is located.(2) If the court does not order partition in kind under subsection (1), the court shall order partition by sale pursuant to s. 64.210 or, if no cotenant requested partition by sale, the court shall dismiss the action.(3) If the court orders partition in kind pursuant to subsection (1), the court may require that one or more cotenants pay one or more other cotenants amounts so that the payments, taken together with the value of the in-kind distributions to the cotenants, will make the partition in kind just and proportionate in value to the fractional interests held.(4) If the court orders partition in kind, the court shall allocate to the cotenants that are unknown, unlocatable, or the subject of a default judgment, if their interests were not bought out pursuant to s. 64.207, a part of the property representing the combined interests of these cotenants as determined by the court and this part of the property shall remain undivided.History.—s. 2, ch. 2020-55.
FL Stat § 64.209 (2021)
2021 Florida Statutes|Title VI - Civil Practice and Procedure|Chapter 64 - Partition of Property|Part II - Uniform Partition of Heirs Property Act (Ss. 64.201-64.214)|64.209 - Considerations for partition in kind.

64.209 Considerations for partition in kind.—(1) In determining under s. 64.208(1) whether partition in kind would result in prejudice to the cotenants as a group, the commissioners shall consider the following:(a) Whether the heirs property practicably can be divided among the cotenants.(b) Whether partition in kind would apportion the property in such a way that the aggregate fair market value of the parcels resulting from the division would be materially less than the value of the property if it were sold as a whole, taking into account the condition under which a court-ordered sale likely would occur.(c) Evidence of the collective duration of ownership or possession of the property by a cotenant and one or more predecessors in title or predecessors in possession to the cotenant who are or were relatives of the cotenant or each other.(d) A cotenant’s sentimental attachment to the property, including any attachment arising because the property has ancestral or other unique or special value to the cotenant.(e) The lawful use being made of the property by a cotenant and the degree to which the cotenant would be harmed if the cotenant could not continue the same use of the property.(f) The degree to which the cotenants have contributed their pro rata share of the property taxes, insurance, and other expenses associated with maintaining ownership of the property or have contributed to the physical improvement, maintenance, or upkeep of the property.(g) Any other relevant factor.(2) The commissioners may not consider any one factor in subsection (1) to be dispositive without weighing the totality of all relevant factors and circumstances.History.—s. 2, ch. 2020-55.
FL Stat § 64.210 (2021)
2021 Florida Statutes|Title VI - Civil Practice and Procedure|Chapter 64 - Partition of Property|Part II - Uniform Partition of Heirs Property Act (Ss. 64.201-64.214)|64.210 - Open-market sale, sealed bids, or auction.

64.210 Open-market sale, sealed bids, or auction.—(1) If the court orders a sale of heirs property, the sale must be an open-market sale unless the court finds that a sale by sealed bids or an auction would be more economically advantageous and in the best interest of the cotenants as a group.(2) If the court orders an open-market sale and the parties, not later than 10 days after the entry of the order, agree on a real estate broker licensed in this state to offer the property for sale, the court shall appoint the broker and establish a reasonable commission. If the parties do not agree on a broker, the court shall appoint a disinterested real estate broker licensed in this state to offer the property for sale and shall establish a reasonable commission. The broker shall offer the property for sale in a commercially reasonable manner at a price no lower than the determination of value and on the terms and conditions established by the court.(3) If the broker appointed under subsection (2) obtains within a reasonable time an offer to purchase the property for at least the determination of value:(a) The broker shall comply with the reporting requirements in s. 64.211; and(b) The sale may be completed in accordance with the laws of this state other than this part.(4) If the broker appointed under subsection (2) does not obtain within a reasonable time an offer to purchase the property for at least the determination of value, the court, after hearing, may:(a) Approve the highest outstanding offer, if any;(b) Redetermine the value of the property and order that the property continue to be offered for an additional time; or(c) Order that the property be sold by sealed bids or at an auction.(5) If the court orders a sale by sealed bids or an auction, the court shall set terms and conditions of the sale. If the court orders an auction, the auction must be conducted under part I of this chapter.(6) If a purchaser is entitled to a share of the proceeds of the sale, the purchaser is entitled to a credit against the price in an amount equal to the purchaser’s share of the proceeds.History.—s. 2, ch. 2020-55.
FL Stat § 64.211 (2021)
2021 Florida Statutes|Title VI - Civil Practice and Procedure|Chapter 64 - Partition of Property|Part II - Uniform Partition of Heirs Property Act (Ss. 64.201-64.214)|64.211 - Report of open-market sale.

64.211 Report of open-market sale.—(1) Unless required to do so within a shorter time by part I of this chapter, a broker appointed under s. 64.210(2) to offer heirs property for open-market sale shall file a report with the court not later than 7 days after receiving an offer to purchase the property for at least the value determined under s. 64.206 or s. 64.210.(2) The report required by subsection (1) must contain the following information:(a) A description of the property to be sold to each buyer.(b) The name of each buyer.(c) The proposed purchase price.(d) The terms and conditions of the proposed sale, including the terms of any owner financing.(e) The amounts to be paid to lienholders.(f) A statement of contractual or other arrangements or conditions of the broker’s commission.(g) Other material facts relevant to the sale.History.—s. 2, ch. 2020-55.
FL Stat § 64.212 (2021)
2021 Florida Statutes|Title VI - Civil Practice and Procedure|Chapter 64 - Partition of Property|Part II - Uniform Partition of Heirs Property Act (Ss. 64.201-64.214)|64.212 - Uniformity of application and construction.

64.212 Uniformity of application and construction.—In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.History.—s. 2, ch. 2020-55.
FL Stat § 64.213 (2021)
2021 Florida Statutes|Title VI - Civil Practice and Procedure|Chapter 64 - Partition of Property|Part II - Uniform Partition of Heirs Property Act (Ss. 64.201-64.214)|64.213 - Relation to Electronic Signatures in Global and National Commerce Act.

64.213 Relation to Electronic Signatures in Global and National Commerce Act.—This part modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. ss. 7001 et seq., but does not modify, limit, or supersede s. 101(c) of that act, 15 U.S.C. s. 7001(c), or authorize electronic delivery of any of the notices described in s. 103(b) of that act, 15 U.S.C. s. 7003(b).History.—s. 2, ch. 2020-55.
FL Stat § 64.214 (2021)
2021 Florida Statutes|Title VI - Civil Practice and Procedure|Chapter 64 - Partition of Property|Part II - Uniform Partition of Heirs Property Act (Ss. 64.201-64.214)|64.214 - Access for all residents.

64.214 Access for all residents.—Notwithstanding any provision to the contrary in this part, cotenants owning real property that is not heirs property may agree to partition such real property under this part. All of the cotenants must jointly notify the court of such agreement.History.—s. 2, ch. 2020-55.
FL Stat § 83.001 (2021)
2021 Florida Statutes|Title VI - Civil Practice and Procedure|Chapter 83 - Landlord and Tenant|Part I - Nonresidential Tenancies (Ss. 83.001-83.251)|83.001 - Application.

83.001 Application.—This part applies to nonresidential tenancies and all tenancies not governed by part II of this chapter.History.—s. 1, ch. 73-330.
FL Stat § 83.01 (2021)
2021 Florida Statutes|Title VI - Civil Practice and Procedure|Chapter 83 - Landlord and Tenant|Part I - Nonresidential Tenancies (Ss. 83.001-83.251)|83.01 - Unwritten lease tenancy at will; duration.

83.01 Unwritten lease tenancy at will; duration.—Any lease of lands and tenements, or either, made shall be deemed and held to be a tenancy at will unless it shall be in writing signed by the lessor. Such tenancy shall be from year to year, or quarter to quarter, or month to month, or week to week, to be determined by the periods at which the rent is payable. If the rent is payable weekly, then the tenancy shall be from week to week; if payable monthly, then from month to month; if payable quarterly, then from quarter to quarter; if payable yearly, then from year to year.History.—ss. 1, 2, ch. 5441, 1905; RGS 3567, 3568; CGL 5431, 5432; s. 34, ch. 67-254.
FL Stat § 83.02 (2021)
2021 Florida Statutes|Title VI - Civil Practice and Procedure|Chapter 83 - Landlord and Tenant|Part I - Nonresidential Tenancies (Ss. 83.001-83.251)|83.02 - Certain written leases tenancies at will; duration.

83.02 Certain written leases tenancies at will; duration.—Where any tenancy has been created by an instrument in writing from year to year, or quarter to quarter, or month to month, or week to week, to be determined by the periods at which the rent is payable, and the term of which tenancy is unlimited, the tenancy shall be a tenancy at will. If the rent is payable weekly, then the tenancy shall be from week to week; if payable monthly, then the tenancy shall be from month to month; if payable quarterly, then from quarter to quarter; if payable yearly, then from year to year.History.—s. 2, ch. 5441, 1905; RGS 3568; CGL 5432; s. 2, ch. 15057, 1931; s. 34, ch. 67-254.
FL Stat § 83.03 (2021)
2021 Florida Statutes|Title VI - Civil Practice and Procedure|Chapter 83 - Landlord and Tenant|Part I - Nonresidential Tenancies (Ss. 83.001-83.251)|83.03 - Termination of tenancy at will; length of notice.

83.03 Termination of tenancy at will; length of notice.—A tenancy at will may be terminated by either party giving notice as follows:(1) Where the tenancy is from year to year, by giving not less than 3 months’ notice prior to the end of any annual period;(2) Where the tenancy is from quarter to quarter, by giving not less than 45 days’ notice prior to the end of any quarter;(3) Where the tenancy is from month to month, by giving not less than 15 days’ notice prior to the end of any monthly period; and(4) Where the tenancy is from week to week, by giving not less than 7 days’ notice prior to the end of any weekly period.History.—s. 3, ch. 5441, 1905; RGS 3569; CGL 5433; s. 34, ch. 67-254; s. 3, ch. 2003-5.
FL Stat § 83.04 (2021)
2021 Florida Statutes|Title VI - Civil Practice and Procedure|Chapter 83 - Landlord and Tenant|Part I - Nonresidential Tenancies (Ss. 83.001-83.251)|83.04 - Holding over after term, tenancy at sufferance, etc.

83.04 Holding over after term, tenancy at sufferance, etc.—When any tenancy created by an instrument in writing, the term of which is limited, has expired and the tenant holds over in the possession of said premises without renewing the lease by some further instrument in writing then such holding over shall be construed to be a tenancy at sufferance. The mere payment or acceptance of rent shall not be construed to be a renewal of the term, but if the holding over be continued with the written consent of the lessor then the tenancy shall become a tenancy at will under the provisions of this law.History.—s. 4, ch. 5441, 1905; RGS 3570; CGL 5434; s. 3, ch. 15057, 1931; s. 34, ch. 67-254.