§ 680.401, Fla. Stat. · Part IV. PERFORMANCE OF LEASE CONTRACT:REPUDIATED, SUBSTITUTED, AND EXCUSED
Insecurity: adequate assurance of performance.
Text — 2026 Florida Statutes
(1) A lease contract imposes an obligation on each party that the other’s expectation of receiving due performance will not be impaired.
(2) If reasonable grounds for insecurity arise with respect to the performance of either party, the insecure party may demand in writing adequate assurance of due performance. Until the insecure party receives that assurance, if commercially reasonable, the insecure party may suspend any performance for which she or he has not already received the agreed return.
(3) A repudiation of the lease contract occurs if assurance of due performance adequate under the circumstances of the particular case is not provided to the insecure party within a reasonable time, not exceeding 30 days after receipt of a demand by the other party.
(4) Between merchants, the reasonableness of grounds for insecurity and the adequacy of any assurance offered must be determined according to commercial standards.
(5) Acceptance of any nonconforming delivery or payment does not prejudice the aggrieved party’s right to demand adequate assurance of future performance.
Notes and commentary — not statutory text
History
s. 1, ch. 90-278; s. 713, ch. 97-102.
Source of truth
- Edition
- 2026 Florida Statutes
- Official file
- https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0680/0680.html
- Text hash
- sha256 eded8b8946c9c7da8d9ad55b5f33700a27be675239444d0c697962b9a3b3e5e5
- Composed by
- compose_v2.py 2026-10-04: the Legislature's structured HTML read in document order; verify_v2.py's independent reading agrees character for character
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Cited by 2 provisions
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