§ 680.1081 — Unconscionability

Florida § 680.1081

• Jurisdiction: Florida
• Title: XXXIX
• Ch. 680: UNIFORM COMMERCIAL CODE: LEASES

Text

(1) If the court as a matter of law finds a lease contract or any clause of a lease contract to have been unconscionable at the time it was made, the court may refuse to enforce the lease contract, or it may enforce the remainder of the lease contract without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result.

(2) Before making a finding of unconscionability under subsection (1) the court, on its own motion or that of a party, shall afford the parties a reasonable opportunity to present evidence as to the setting, purpose, and effect of the lease contract or clause thereof.

Legislative History

s. 1, ch. 90-278.