Senate Bill sb0636

    Florida Senate - 2006                                   SB 636

    By Senator Clary





    4-383-06

  1                      A bill to be entitled

  2         An act relating to residential tenancies;

  3         amending s. 83.43, F.S.; defining the term

  4         "early termination fee"; amending s. 83.595,

  5         F.S.; authorizing a landlord to charge the

  6         tenant an early termination fee if specified in

  7         the written lease; limiting the amount of an

  8         early termination fee; providing an effective

  9         date.

10  

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

12  

13         Section 1.  Subsection (17) is added to section 83.43,

14  Florida Statutes, to read:

15         83.43  Definitions.--As used in this part, the

16  following words and terms shall have the following meanings

17  unless some other meaning is plainly indicated:

18         (17)  "Early termination fee" means an amount of money

19  in addition to rent, specified in a written lease, which a

20  landlord charges a tenant when a tenant terminates a written

21  lease before the termination date set forth in the lease.

22         Section 2.  Subsection (1) of section 83.595, Florida

23  Statutes, is amended to read:

24         83.595  Choice of remedies upon breach by tenant.--

25         (1)  If the tenant breaches the lease for the dwelling

26  unit and the landlord has obtained a writ of possession, or

27  the tenant has surrendered possession of the dwelling unit to

28  the landlord, or the tenant has abandoned the dwelling unit,

29  the landlord may:

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                   SB 636
    4-383-06




 1         (a)  Treat the lease as terminated and retake

 2  possession for his or her own account, thereby terminating any

 3  further liability of the tenant; or

 4         (b)  Retake possession of the dwelling unit for the

 5  account of the tenant, holding the tenant liable for the

 6  difference between rental stipulated to be paid under the

 7  lease agreement and what, in good faith, the landlord is able

 8  to recover from a reletting; or

 9         (c)  Stand by and do nothing, holding the lessee liable

10  for the rent as it comes due; or.

11         (d)  Treat the lease as terminated and charge the

12  tenant an early termination fee if the fee is specified in the

13  written lease agreement. The tenant remains liable for each

14  rental payment and any charges due under the lease agreement

15  until the tenant surrenders possession of the dwelling unit to

16  the landlord. The early termination fee may not exceed the

17  lesser of an amount equivalent to:

18         1.  Two months rents; or

19         2.  The remaining balance of rent due under the written

20  lease agreement.

21         Section 3.  This act shall take effect upon becoming a

22  law.

23  

24            *****************************************

25                          SENATE SUMMARY

26    Defines the term "early termination fee." Authorizes a
      landlord to charge the tenant an early termination fee if
27    specified in the written lease. Limits the amount of an
      early termination fee.
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CODING: Words stricken are deletions; words underlined are additions.