1 | A bill to be entitled |
2 | An act relating to residential tenancies; amending s. |
3 | 83.595, F.S.; allowing a landlord to terminate a rental |
4 | agreement and recover liquidated damages for breach of the |
5 | agreement or charge the tenant an early termination fee, |
6 | or both, under certain circumstances; providing a limit on |
7 | the combined total damages and fee; specifying liability |
8 | of the tenant for rent, other charges otherwise due, and |
9 | rental concessions under certain circumstances; providing |
10 | an effective date. |
11 |
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12 | Be It Enacted by the Legislature of the State of Florida: |
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14 | Section 1. Section 83.595, Florida Statutes, is amended to |
15 | read: |
16 | 83.595 Choice of remedies upon breach by tenant.-- |
17 | (1) If the tenant breaches the rental agreement lease for |
18 | the dwelling unit and the landlord has obtained a writ of |
19 | possession, or the tenant has surrendered possession of the |
20 | dwelling unit to the landlord, or the tenant has abandoned the |
21 | dwelling unit, the landlord may: |
22 | (a) Treat the rental agreement lease as terminated and |
23 | retake possession for his or her own account, thereby |
24 | terminating any further liability of the tenant; or |
25 | (b) Retake possession of the dwelling unit for the account |
26 | of the tenant, holding the tenant liable for the difference |
27 | between the rent rental stipulated to be paid under the rental |
28 | lease agreement and what, in good faith, the landlord is able to |
29 | recover from a reletting; or |
30 | (c) Stand by and do nothing, holding the lessee liable for |
31 | the rent as it comes due;. |
32 | (d) If provided for in the rental agreement, recover |
33 | liquidated damages upon the breach or charge the tenant a fee |
34 | for early termination of the rental agreement upon the tenant's |
35 | giving the landlord notice as provided for in the rental |
36 | agreement. The landlord shall be entitled to both liquidated |
37 | damages and an early termination fee, provided the combined |
38 | total for liquidated damages and the early termination fee does |
39 | not exceed an amount equal to 2 months' rent. The landlord shall |
40 | treat such a rental agreement as terminated and charge the |
41 | tenant liquidated damages or the early termination fee as |
42 | specified in the rental agreement. In such event, the remedies |
43 | set forth in paragraphs (a), (b), and (c) are not available to |
44 | the landlord. This paragraph shall not apply when the breach is |
45 | failure to give notice at the end of the rental agreement as |
46 | provided in s. 83.575; or |
47 | (e) Charge the tenant for any unpaid rent, other charges |
48 | due under the rental agreement through the end of the month in |
49 | which the landlord retakes possession of the dwelling unit, and |
50 | any rental concessions that the tenant has received. For |
51 | purposes of this paragraph, the term "rental concessions" means |
52 | any amount by which all or a portion of the base rent, options, |
53 | or fees is reduced in consideration for the tenant entering into |
54 | the rental agreement. |
55 | (2) If the landlord retakes possession of the dwelling |
56 | unit for the account of the tenant pursuant to paragraph (1)(b), |
57 | the landlord has a duty to exercise good faith in attempting to |
58 | relet the premises, and any rent rentals received by the |
59 | landlord as a result of the reletting shall be deducted from the |
60 | balance of rent due from the tenant. For purposes of this |
61 | section, "good faith in attempting to relet the premises" means |
62 | that the landlord shall use at least the same efforts to relet |
63 | the premises as were used in the initial rental or at least the |
64 | same efforts as the landlord uses in attempting to rent lease |
65 | other similar rental units but does not require the landlord to |
66 | give a preference in leasing the premises over other vacant |
67 | dwelling units that the landlord owns or has the responsibility |
68 | to rent. |
69 | Section 2. This act shall take effect July 1, 2006. |