House Bill 1163
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Florida House of Representatives - 1997 HB 1163
By Representative Roberts-Burke
1 A bill to be entitled
2 An act relating to residential tenancies;
3 creating s. 83.565, F.S.; providing for a
4 tenant to repair the premises after notice to
5 the landlord; providing for deduction of the
6 costs of repair from rent due; providing
7 limitations; amending s. 83.60, F.S.; providing
8 for the right of the tenant to repair to be a
9 defense to an action for rent or possession;
10 providing for the payment of certain funds into
11 the registry of the court; amending s. 83.64,
12 F.S.; prohibiting retaliatory actions by the
13 landlord; providing an effective date.
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15 Be It Enacted by the Legislature of the State of Florida:
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17 Section 1. Section 83.565, Florida Statutes, is
18 created to read:
19 83.565 Remedies; tenant's right to repair after
20 notice.--
21 (1) If the landlord fails to comply with the rental
22 agreement or s. 83.51, excluding the roofs, and the reasonable
23 cost of repair is less than $250, the tenant may notify the
24 landlord in writing of the tenant's intention to make the
25 repair at the landlord's expense. Notice to the landlord must
26 be sent by certified mail, return receipt requested, unless
27 the landlord has failed to comply with s. 83.50(1), in which
28 case notice may be by hand delivery to the landlord, the
29 landlord's representative as designated pursuant to s.
30 83.50(1), a resident manager, or the person or entity who
31 collects the rent on behalf of the landlord. The landlord has
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1 7 days from the date notice is mailed by certified mail or the
2 date notice is received, if by hand delivery, to make the
3 repairs. If the landlord fails to make the repairs within the
4 7-day period, the tenant may have the premises repaired.
5 Installation, servicing, and repair of any permanent, fixed
6 electrical system shall be by a licensed or registered
7 electrical contractor pursuant to part II of chapter 489,
8 F.S., unless excluded by that chapter. Installation,
9 servicing, and repair of any plumbing shall be by a licensed
10 or registered plumbing contractor pursuant to part I of
11 chapter 553, F.S., unless excluded by that chapter. All
12 repairs shall be in a workmanlike manner. The tenant may
13 deduct from the rent the actual and reasonable cost of the
14 repair and submit to the landlord an itemized statement for
15 the repair. A tenant's lawful payment of rent becoming due
16 during the 7-day period does not waive his right to deduct the
17 repair cost in the subsequent rental period. A tenant's
18 compliance with this subsection is a complete defense to an
19 action for possession based upon nonpayment of rent. This
20 remedy shall not be available to the tenant more than once in
21 a 6-month period.
22 (2) Subsection (1) does not apply if the condition was
23 created or caused by a deliberate or negligent act or omission
24 of the tenant, a member of the tenant's family, or any other
25 person on the premises with the tenant's consent.
26 Section 2. Section 83.60, Florida Statutes, is amended
27 to read:
28 83.60 Defenses to action for rent or possession;
29 procedure.--
30 (1) In an action by the landlord for possession of a
31 dwelling unit based upon nonpayment of rent or in an action by
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1 the landlord under s. 83.55 seeking to recover unpaid rent,
2 the tenant may defend upon the ground of a material
3 noncompliance with s. 83.51(1) [F.S. 1973], or may raise any
4 other defense, whether legal or equitable, that he or she may
5 have, including the defense of repair after notice under s.
6 83.565 or retaliatory conduct in accordance with s. 83.64.
7 The defense of a material noncompliance with s. 83.51(1) [F.S.
8 1973] may be raised by the tenant if 7 days have elapsed after
9 the delivery of written notice by the tenant to the landlord,
10 specifying the noncompliance and indicating the intention of
11 the tenant not to pay rent by reason thereof. Such notice by
12 the tenant may be given to the landlord, the landlord's
13 representative as designated pursuant to s. 83.50(1), a
14 resident manager, or the person or entity who collects the
15 rent on behalf of the landlord. A material noncompliance with
16 s. 83.51(1) [F.S. 1973] by the landlord is a complete defense
17 to an action for possession based upon nonpayment of rent,
18 and, upon hearing, the court or the jury, as the case may be,
19 shall determine the amount, if any, by which the rent is to be
20 reduced to reflect the diminution in value of the dwelling
21 unit during the period of noncompliance with s. 83.51(1) [F.S.
22 1973]. After consideration of all other relevant issues, the
23 court shall enter appropriate judgment.
24 (2) In an action by the landlord for possession of a
25 dwelling unit, if the tenant interposes any defense other than
26 payment, or repair after notice under s. 83.565, the tenant
27 shall pay into the registry of the court the accrued rent as
28 alleged in the complaint or as determined by the court and the
29 rent which accrues during the pendency of the proceeding, when
30 due. If the tenant raises the defense of repair after notice
31 under s. 83.565, he must pay into the court registry the
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1 difference between the accrued rent alleged in the complaint
2 and the repair cost, or any other amount set by the court, and
3 must pay the rent accruing during the pendency of the
4 proceeding as it becomes due. The clerk shall notify the
5 tenant of such requirement in the summons. Failure of the
6 tenant to pay the rent into the registry of the court or to
7 file a motion to determine the amount of rent to be paid into
8 the registry within 5 days, excluding Saturdays, Sundays, and
9 legal holidays, after the date of service of process
10 constitutes an absolute waiver of the tenant's defenses other
11 than payment, and the landlord is entitled to an immediate
12 default judgment for removal of the tenant with a writ of
13 possession to issue without further notice or hearing thereon.
14 In the event a motion to determine rent is filed,
15 documentation in support of the allegation that the rent as
16 alleged in the complaint is in error is required. Public
17 housing tenants or tenants receiving rent subsidies shall be
18 required to deposit only that portion of the full rent for
19 which the tenant is responsible pursuant to federal, state, or
20 local program in which they are participating.
21 Section 3. Paragraph (c) of subsection (1) of section
22 83.64, Florida Statutes, is amended to read:
23 83.64 Retaliatory conduct.--
24 (1) It is unlawful for a landlord to discriminatorily
25 increase a tenant's rent or decrease services to a tenant, or
26 to bring or threaten to bring an action for possession or
27 other civil action, primarily because the landlord is
28 retaliating against the tenant. In order for the tenant to
29 raise the defense of retaliatory conduct, the tenant must have
30 acted in good faith. Examples of conduct for which the
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1 landlord may not retaliate include, but are not limited to,
2 situations where:
3 (c) The tenant has complained to the landlord pursuant
4 to s. 83.56(1) or s. 83.565.
5 Section 4. This act shall take effect July 1, 1997.
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8 HOUSE SUMMARY
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Revises the Florida Residential Landlord and Tenant Act
10 to:
1. Authorize a tenant to repair the premises after
11 notice to the landlord under described circumstances and
to deduct the costs of such repairs from the rent due.
12 2. Provide that the right of the tenant to repair
may be a defense to an action for rent or possession and
13 to provide for the payment of described funds into the
registry of the court.
14 3. Prohibit retaliatory actions by the landlord.
15 See bill for details.
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