HB 673

1
A bill to be entitled
2An act relating to residential tenancies; amending s.
383.595, F.S.; allowing a landlord to terminate a rental
4agreement and recover liquidated damages for breach of the
5agreement or charge the tenant an early termination fee,
6or both, under certain circumstances; providing a limit on
7the combined total damages and fee; specifying liability
8of the tenant for rent, other charges otherwise due, and
9rental concessions under certain circumstances; providing
10an effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Section 83.595, Florida Statutes, is amended to
15read:
16     83.595  Choice of remedies upon breach by tenant.--
17     (1)  If the tenant breaches the rental agreement lease for
18the dwelling unit and the landlord has obtained a writ of
19possession, or the tenant has surrendered possession of the
20dwelling unit to the landlord, or the tenant has abandoned the
21dwelling unit, the landlord may:
22     (a)  Treat the rental agreement lease as terminated and
23retake possession for his or her own account, thereby
24terminating any further liability of the tenant; or
25     (b)  Retake possession of the dwelling unit for the account
26of the tenant, holding the tenant liable for the difference
27between the rent rental stipulated to be paid under the rental
28lease agreement and what, in good faith, the landlord is able to
29recover from a reletting; or
30     (c)  Stand by and do nothing, holding the lessee liable for
31the rent as it comes due;.
32     (d)  If provided for in the rental agreement, recover
33liquidated damages upon the breach or charge the tenant a fee
34for early termination of the rental agreement upon the tenant's
35giving the landlord notice as provided for in the rental
36agreement. The landlord shall be entitled to both liquidated
37damages and an early termination fee, provided the combined
38total for liquidated damages and the early termination fee does
39not exceed an amount equal to 2 months' rent. The landlord shall
40treat such a rental agreement as terminated and charge the
41tenant liquidated damages or the early termination fee as
42specified in the rental agreement. In such event, the remedies
43set forth in paragraphs (a), (b), and (c) are not available to
44the landlord. This paragraph shall not apply when the breach is
45failure to give notice at the end of the rental agreement as
46provided in s. 83.575; or
47     (e)  Charge the tenant for any unpaid rent, other charges
48due under the rental agreement through the end of the month in
49which the landlord retakes possession of the dwelling unit, and
50any rental concessions that the tenant has received. For
51purposes of this paragraph, the term "rental concessions" means
52any amount by which all or a portion of the base rent, options,
53or fees is reduced in consideration for the tenant entering into
54the rental agreement.
55     (2)  If the landlord retakes possession of the dwelling
56unit for the account of the tenant pursuant to paragraph (1)(b),
57the landlord has a duty to exercise good faith in attempting to
58relet the premises, and any rent rentals received by the
59landlord as a result of the reletting shall be deducted from the
60balance of rent due from the tenant. For purposes of this
61section, "good faith in attempting to relet the premises" means
62that the landlord shall use at least the same efforts to relet
63the premises as were used in the initial rental or at least the
64same efforts as the landlord uses in attempting to rent lease
65other similar rental units but does not require the landlord to
66give a preference in leasing the premises over other vacant
67dwelling units that the landlord owns or has the responsibility
68to rent.
69     Section 2.  This act shall take effect July 1, 2006.


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