Senate Bill 0176e1
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CS for SB 176 First Engrossed (ntc)
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 $100 and the repair is of an
24 emergency nature, the tenant may notify the landlord in
25 writing of the tenant's intention to make the repair at the
26 landlord's expense by deducting the cost of repair from rent.
27 For purposes of this section, repairs of an emergency nature
28 are limited to those repairs necessary to result in: heat
29 during the winter months, running water, hot water,
30 elimination of leaks or faulty drains which create internal
31 standing water, and functioning external locks, toilet, stove,
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CS for SB 176 First Engrossed (ntc)
1 oven, refrigerator, exterior windows and exterior doors. The
2 notice must contain a statement in substantially the following
3 form:
4 Pursuant to section 83.565, Florida Statutes, I
5 am notifying you of your material noncompliance
6 with the rental agreement or section 83.51(1),
7 Florida Statutes, excluding roofs. Unless the
8 problems listed below are repaired within 7
9 days after you receive this notice, I will have
10 the repairs made and deduct the cost of the
11 repairs, up to $100, from the following month's
12 rent. The problems are: ...(list the
13 problems).... ...(Tenant's name, address and
14 phone number)....
15 Notice to the landlord must be sent by certified mail, return
16 receipt requested, unless the landlord has failed to comply
17 with s. 83.50(1), in which case notice may be by hand delivery
18 to the landlord, the landlord's representative as designated
19 pursuant to s. 83.50(1), a resident manager, or the person or
20 entity who collects the rent on behalf of the landlord. The
21 landlord has 7 days from the date notice is received by
22 certified mail or by hand delivery to materially comply with
23 this section. If the landlord fails to materially comply with
24 this section within the 7-day period, the tenant may have the
25 premises repaired; however, the repair cannot be made by the
26 tenant. The landlord may at any time furnish a list of
27 approved vendors to the tenant for this purpose and if the
28 landlord does so, the tenant may have the repair made only by
29 a vendor on that list. The landlord may from time to time
30 provide an updated list of vendors. If the landlord has not
31 provided a list of vendors for making repairs or no vendor is
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CS for SB 176 First Engrossed (ntc)
1 specified for the type of repair needed, the repair must be
2 made by an individual or business licensed or customarily
3 engaged in making the needed repairs. Installation,
4 servicing, and repair of any permanent, fixed electrical
5 system shall be by a licensed or registered electrical
6 contractor pursuant to part II of chapter 489, unless excluded
7 by that chapter. Installation, servicing, and repair of any
8 plumbing shall be by a licensed or registered plumbing
9 contractor pursuant to part I of chapter 553, unless excluded
10 by that chapter. All repairs shall be completed and reflect
11 such work standards as are normally and customarily expected.
12 The tenant may repair and submit to the landlord an itemized
13 statement for the repair. A tenant's lawful payment of rent
14 becoming due during the 7-day period does not waive his right
15 to deduct the repair cost in the subsequent rental period. A
16 tenant's compliance with this subsection is a complete defense
17 to an action for possession based upon nonpayment of rent.
18 This remedy is not available to the tenant more than once in a
19 6-month period. Nothing in this section prohibits the tenant
20 from seeking any other available remedy.
21 (2) Subsection (1) does not apply if the condition was
22 created or caused by a deliberate or negligent act or omission
23 of the tenant, a member of the tenant's family, or any other
24 person on the premises with the tenant's consent.
25 Additionally, if there is damage to the dwelling unit to which
26 subsection (1) applies and damage to which subsection (1) does
27 not apply, due to this subsection, the landlord may offset the
28 cost of repair of the damages to which subsection (1) applies
29 by the cost of repair of the damages to which subsection (1)
30 does not apply, if the tenant has not paid all or a part of
31 those repair costs.
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CS for SB 176 First Engrossed (ntc)
1 Section 2. Section 83.60, Florida Statutes, is amended
2 to read:
3 83.60 Defenses to action for rent or possession;
4 procedure.--
5 (1) In an action by the landlord for possession of a
6 dwelling unit based upon nonpayment of rent or in an action by
7 the landlord under s. 83.55 seeking to recover unpaid rent,
8 the tenant may defend upon the ground of a material
9 noncompliance with s. 83.51(1) [F.S. 1973], or may raise any
10 other defense, whether legal or equitable, that he or she may
11 have, including the defense of repair after notice under s.
12 83.565 or retaliatory conduct in accordance with s. 83.64.
13 The defense of a material noncompliance with s. 83.51(1) [F.S.
14 1973] may be raised by the tenant if 7 days have elapsed after
15 the delivery of written notice by the tenant to the landlord,
16 specifying the noncompliance and indicating the intention of
17 the tenant not to pay rent by reason thereof. Such notice by
18 the tenant may be given to the landlord, the landlord's
19 representative as designated pursuant to s. 83.50(1), a
20 resident manager, or the person or entity who collects the
21 rent on behalf of the landlord. A material noncompliance with
22 s. 83.51(1) [F.S. 1973] by the landlord is a complete defense
23 to an action for possession based upon nonpayment of rent,
24 and, upon hearing, the court or the jury, as the case may be,
25 shall determine the amount, if any, by which the rent is to be
26 reduced to reflect the diminution in value of the dwelling
27 unit during the period of noncompliance with s. 83.51(1) [F.S.
28 1973]. After consideration of all other relevant issues, the
29 court shall enter appropriate judgment.
30 (2) In an action by the landlord for possession of a
31 dwelling unit, if the tenant interposes any defense other than
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CS for SB 176 First Engrossed (ntc)
1 payment, or repair after notice under s. 83.565, the tenant
2 shall pay into the registry of the court the accrued rent as
3 alleged in the complaint or as determined by the court and the
4 rent which accrues during the pendency of the proceeding, when
5 due. If the tenant raises the defense of repair after notice
6 under s. 83.565, he or she must pay into the court registry
7 the difference between the accrued rent alleged in the
8 complaint and the repair cost, or any other amount set by the
9 court, and must pay the rent accruing during the pendency of
10 the proceeding as it becomes due. The clerk shall notify the
11 tenant of such requirement in the summons. Failure of the
12 tenant to pay the rent into the registry of the court or to
13 file a motion to determine the amount of rent to be paid into
14 the registry within 5 days, excluding Saturdays, Sundays, and
15 legal holidays, after the date of service of process
16 constitutes an absolute waiver of the tenant's defenses other
17 than payment, and the landlord is entitled to an immediate
18 default judgment for removal of the tenant with a writ of
19 possession to issue without further notice or hearing thereon.
20 In the event a motion to determine rent is filed,
21 documentation in support of the allegation that the rent as
22 alleged in the complaint is in error is required. Public
23 housing tenants or tenants receiving rent subsidies shall be
24 required to deposit only that portion of the full rent for
25 which the tenant is responsible pursuant to federal, state, or
26 local program in which they are participating.
27 Section 3. Paragraph (c) of subsection (1) of section
28 83.64, Florida Statutes, is amended to read:
29 83.64 Retaliatory conduct.--
30 (1) It is unlawful for a landlord to discriminatorily
31 increase a tenant's rent or decrease services to a tenant, or
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CS for SB 176 First Engrossed (ntc)
1 to bring or threaten to bring an action for possession or
2 other civil action, primarily because the landlord is
3 retaliating against the tenant. In order for the tenant to
4 raise the defense of retaliatory conduct, the tenant must have
5 acted in good faith. Examples of conduct for which the
6 landlord may not retaliate include, but are not limited to,
7 situations where:
8 (c) The tenant has complained to the landlord pursuant
9 to s. 83.56(1) or s. 83.565.
10 Section 4. This act shall take effect July 1, 1998.
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