Senate Bill sb0838er

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  1                                 

  2         An act relating to landlord and tenant;

  3         amending s. 83.49, F.S.; increasing the time

  4         period within which a landlord must notify a

  5         tenant of the intention to impose a claim on a

  6         security deposit; amending s. 83.67, F.S.;

  7         exempting certain landlords from a requirement

  8         to give notice to former tenants regarding

  9         personal property; amending ss. 715.105,

10         715.106, and 715.109, F.S.; increasing the

11         value of abandoned personal property that may

12         be kept, sold, or destroyed by a landlord;

13         conforming notice provisions; providing for

14         termination of a rental agreement by a member

15         of the United States Armed Forces; amending s.

16         475.011, F.S.; providing an additional

17         exemption for certain activities; providing an

18         effective date.

19  

20  Be It Enacted by the Legislature of the State of Florida:

21  

22         Section 1.  Subsection (3) of section 83.49, Florida

23  Statutes, is amended to read:

24         83.49  Deposit money or advance rent; duty of landlord

25  and tenant.--

26         (3)(a)  Upon the vacating of the premises for

27  termination of the lease, if the landlord does not intend to

28  impose a claim on the security deposit, the landlord shall

29  have 15 days to return the security deposit together with

30  interest if otherwise required, or the landlord shall have 30

31  days in which to give the tenant written notice by certified


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    2001 Legislature                  CS for SB 838, 2nd Engrossed



  1  mail to the tenant's last known mailing address of his or her

  2  intention to impose a claim on the deposit and the reason for

  3  imposing the claim.  The notice shall contain a statement in

  4  substantially the following form:

  5  

  6         This is a notice of my intention to impose a claim for

  7  damages in the amount of .... upon your security deposit, due

  8  to ..... It is sent to you as required by s. 83.49(3), Florida

  9  Statutes. You are hereby notified that you must object in

10  writing to this deduction from your security deposit within 15

11  days from the time you receive this notice or I will be

12  authorized to deduct my claim from your security deposit.

13  Your objection must be sent to ...(landlord's address)....

14  

15  If the landlord fails to give the required notice within the

16  30-day 15-day period, he or she forfeits the right to impose a

17  claim upon the security deposit.

18         (b)  Unless the tenant objects to the imposition of the

19  landlord's claim or the amount thereof within 15 days after

20  receipt of the landlord's notice of intention to impose a

21  claim, the landlord may then deduct the amount of his or her

22  claim and shall remit the balance of the deposit to the tenant

23  within 30 days after the date of the notice of intention to

24  impose a claim for damages.

25         (c)  If either party institutes an action in a court of

26  competent jurisdiction to adjudicate the party's right to the

27  security deposit, the prevailing party is entitled to receive

28  his or her court costs plus a reasonable fee for his or her

29  attorney.  The court shall advance the cause on the calendar.

30         (d)  Compliance with this section by an individual or

31  business entity authorized to conduct business in this state,


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  1  including Florida-licensed real estate brokers and

  2  salespersons, shall constitute compliance with all other

  3  relevant Florida Statutes pertaining to security deposits held

  4  pursuant to a rental agreement or other landlord-tenant

  5  relationship.  Enforcement personnel shall look solely to this

  6  section to determine compliance.  This section prevails over

  7  any conflicting provisions in chapter 475 and in other

  8  sections of the Florida Statutes, and shall operate to permit

  9  licensed real estate brokers to disburse security deposits and

10  deposit money without having to comply with the notice and

11  settlement procedures contained in s. 475.25(1)(d).

12         Section 2.  Subsection (3) of section 83.67, Florida

13  Statutes, is amended to read:

14         83.67  Prohibited practices.--

15         (3)  No landlord of any dwelling unit governed by this

16  part shall remove the outside doors, locks, roof, walls, or

17  windows of the unit except for purposes of maintenance,

18  repair, or replacement; nor shall the landlord remove the

19  tenant's personal property from the dwelling unit unless said

20  action is taken after surrender, abandonment, or a lawful

21  eviction.  If provided in the rental agreement or a written

22  agreement separate from the rental agreement, upon surrender

23  or abandonment by the tenant, the landlord is not required to

24  comply with s. 715.104 and is shall not be liable or

25  responsible for storage or disposition of the tenant's

26  personal property; if provided in the rental agreement there

27  must shall be printed or clearly stamped on such rental

28  agreement a legend in substantially the following form:

29  

30  BY SIGNING THIS RENTAL AGREEMENT THE TENANT AGREES THAT UPON

31  SURRENDER OR ABANDONMENT, AS DEFINED BY CHAPTER 83, THE


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  1  FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR

  2  RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S

  3  PERSONAL PROPERTY.

  4  

  5  For the purposes of this section, abandonment shall be as set

  6  forth in s. 83.59(3)(c).

  7         Section 3.  Section 715.105, Florida Statutes, is

  8  amended to read:

  9         715.105  Form of notice to former tenant.--

10         (1)  A notice to the former tenant which is in

11  substantially the following form satisfies the requirements of

12  s. 715.104:

13  

14         Notice of Right to Reclaim Abandoned Property

15         To:  ...(Name of former tenant)...

16    ...(Address of former tenant)...

17         When you vacated the premises at ...(address of

18  premises, including room or apartment number, if any)..., the

19  following personal property remained:  ...(insert description

20  of personal property)....

21         You may claim this property at ...(address where

22  property may be claimed)....

23         Unless you pay the reasonable costs of storage and

24  advertising, if any, for all the above-described property and

25  take possession of the property which you claim, not later

26  than ...(insert date not fewer than 10 days after notice is

27  personally delivered or, if mailed, not fewer than 15 days

28  after notice is deposited in the mail)..., this property may

29  be disposed of pursuant to s. 715.109.

30         (Insert here the statement required by subsection (2))

31         Dated:....                ...(Signature of landlord)...


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  1         ...(Type or print name of landlord)...

  2         ...(Telephone number)...

  3         ...(Address)...

  4  

  5         (2)  The notice set forth in subsection (1) shall also

  6  contain one of the following statements:

  7         (a)  "If you fail to reclaim the property, it will be

  8  sold at a public sale after notice of the sale has been given

  9  by publication.  You have the right to bid on the property at

10  this sale.  After the property is sold and the costs of

11  storage, advertising, and sale are deducted, the remaining

12  money will be paid over to the county.  You may claim the

13  remaining money at any time within 1 year after the county

14  receives the money."

15         (b)  "Because this property is believed to be worth

16  less than $500 $250, it may be kept, sold, or destroyed

17  without further notice if you fail to reclaim it within the

18  time indicated above."

19         Section 4.  Section 715.106, Florida Statutes, is

20  amended to read:

21         715.106  Form of notice to owner other than former

22  tenant.--

23         (1)  A notice which is in substantially the following

24  form given to a person who is not the former tenant and whom

25  the landlord reasonably believes to be the owner of any of the

26  abandoned personal property satisfies the requirements of s.

27  715.104:

28  

29         Notice of Right to Reclaim Abandoned Property

30         To:  ...(Name)...

31    ...(Address)...


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  1         When ...(name of former tenant)... vacated the premises

  2  at ...(address of premises, including room or apartment

  3  number, if any)..., the following personal property remained:

  4  ...(insert description of personal property)....

  5         If you own any of this property, you may claim it at

  6  ...(address where property may be claimed)....  Unless you pay

  7  the reasonable costs of storage and advertising, if any, and

  8  take possession of the property to which you are entitled, not

  9  later than ...(insert date not fewer than 10 days after notice

10  is personally delivered or, if mailed, not fewer than 15 days

11  after notice is deposited in the mail)..., this property may

12  be disposed of pursuant to s. 715.109.

13         (Insert here the statement required by subsection (2))

14         Dated:....                ...(Signature of landlord)...

15         ...(Type or print name of landlord)...

16         ...(Telephone number)...

17         ...(Address)...

18  

19         (2)  The notice set forth in subsection (1) shall also

20  contain one of the following statements:

21         (a)  "If you fail to reclaim the property, it will be

22  sold at a public sale after notice of the sale has been given

23  by publication.  You have the right to bid on the property at

24  this sale.  After the property is sold and the costs of

25  storage, advertising, and sale are deducted, the remaining

26  money will be paid over to the county.  You may claim the

27  remaining money at any time within 1 year after the county

28  receives the money."

29         (b)  "Because this property is believed to be worth

30  less than $500 $250, it may be kept, sold, or destroyed

31  


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  1  without further notice if you fail to reclaim it within the

  2  time indicated above."

  3         Section 5.  Subsection (1) of section 715.109, Florida

  4  Statutes, is amended to read:

  5         715.109  Sale or disposition of abandoned property.--

  6         (1)  If the personal property described in the notice

  7  is not released pursuant to s. 715.108, it shall be sold at

  8  public sale by competitive bidding.  However, if the landlord

  9  reasonably believes that the total resale value of the

10  property not released is less than $500 $250, she or he may

11  retain such property for her or his own use or dispose of it

12  in any manner she or he chooses.  Nothing in this section

13  shall be construed to preclude the landlord or tenant from

14  bidding on the property at the public sale.  The successful

15  bidder's title is subject to ownership rights, liens, and

16  security interests which have priority by law.

17         Section 6.  (1)(a)  Any member of the United States

18  Armed Forces who is required to move pursuant to permanent

19  change of station orders to depart 35 miles or more from the

20  location of a rental premises or who is prematurely or

21  involuntarily discharged or released from active duty with the

22  United States Armed Forces may terminate his or her rental

23  agreement by providing the landlord with a written notice of

24  termination to be effective on the date stated in the notice

25  that is at least 30 days after the landlord's receipt of the

26  notice. The notice to the landlord must be accompanied by

27  either a copy of the official military orders or a written

28  verification signed by the member's commanding officer.

29         (b)  In the event a member of the United States Armed

30  Forces dies during active duty, an adult member of his

31  immediate family may terminate his rental agreement by


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  1  providing the landlord with a written notice of termination to

  2  be effective on the date stated in the notice that is at least

  3  30 days after the landlord's receipt of the notice.  The

  4  notice to the landlord must be accompanied by either a copy of

  5  the official military orders or a written verification signed

  6  by the member's Commanding Officer.

  7         (2)  Upon termination of a rental agreement under this

  8  section, the tenant is liable for the rent due under the

  9  rental agreement prorated to the effective date of the

10  termination payable at such time as would have otherwise been

11  required by the terms of the rental agreement. The tenant is

12  not liable for any other rent or damages due to the early

13  termination of the tenancy except the liquidated damages

14  provided in this section. If a tenant terminates the rental

15  agreement pursuant to this section 14 or more days prior to

16  occupancy, no damages or penalties of any kind are due.

17         (3)  In consideration of early termination of the

18  rental agreement, the tenant is liable to the landlord for

19  liquidated damages provided the tenant has completed less than

20  9 months of the tenancy and the landlord has suffered actual

21  damages due to loss of the tenancy. The liquidated damages

22  must be no greater than 1 month's rent if the tenant has

23  completed less than 6 months of the tenancy as of the

24  effective date of termination, or one-half of 1 month's rent

25  if the tenant has completed at least 6 but not less than 9

26  months of the tenancy as of the effective date of termination.

27         (4)  The provisions of this section may not be waived

28  or modified by the agreement of the parties under any

29  circumstances.

30         Section 7.  Subsection (13) is added to section

31  475.011, Florida Statutes, to read:


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  1         475.011  Exemptions.--This part does not apply to:

  2         (13)  Any property management firm or any owner of an

  3  apartment complex for the act of paying a finder's fee or

  4  referral fee to an unlicensed person who is a tenant in such

  5  apartment complex provided the value of the fee does not

  6  exceed $50 per transaction. Nothing in this subsection

  7  authorizes an unlicensed person to advertise or otherwise

  8  promote the person's services in procuring or assisting in

  9  procuring prospective lessees or tenants of apartment units.

10  For purposes of this subsection, "finder's fee" or "referral

11  fee" means a fee paid, credit towards rent, or some other

12  thing of value provided to a person for introducing or

13  arranging an introduction between parties to a transaction

14  involving the rental or lease of an apartment unit. It is a

15  violation of s. 475.25(1)(h) and punishable under s. 475.42

16  for a property management firm or any owner of an apartment

17  complex to pay a finder's fee or a referral fee to an

18  unlicensed person unless expressly authorized by this

19  subsection.

20         Section 8.  This act shall take effect July 1, 2001.

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