CS/HB 1277

1
A bill to be entitled
2An act relating to residential tenancies; amending s.
383.43, F.S.; revising and providing definitions; amending
4s. 83.56, F.S.; revising language with respect to waiver
5of the right to terminate a rental agreement or bring a
6civil action for noncompliance; amending s. 83.595, F.S.;
7allowing a landlord to terminate a rental agreement and
8recover liquidated damages or charge the tenant an early
9termination fee for breach of the agreement, or both,
10under certain circumstances; requiring the tenant to
11indicate acceptance of an early termination fee or
12liquidated-damages provision in the rental agreement in
13order for the provision to take effect; providing a limit
14on the combined total of damages and fee; providing
15liability of the tenant for rent, other charges otherwise
16due, and rental concessions; providing an effective date.
17
18Be It Enacted by the Legislature of the State of Florida:
19
20     Section 1.  Subsection (7) of section 83.43, Florida
21Statutes, is amended, and subsection (17) is added to that
22section, to read:
23     83.43  Definitions.--As used in this part, the following
24words and terms shall have the following meanings unless some
25other meaning is plainly indicated:
26     (7)  "Rental agreement" means any written agreement,
27including amendments or addenda, or oral agreement if for a less
28duration of less than 1 year, providing for use and occupancy of
29premises.
30     (17)  "Early termination fee" means any charge, fee, or
31forfeiture that is provided for in a written rental agreement
32and is assessed to a tenant when a tenant vacates a dwelling
33unit before the end of the rental agreement. An early
34termination fee does not include:
35     (a)  Unpaid rent through the end of the month in which the
36tenant occupied the dwelling unit.
37     (b)  Charges for damages to the dwelling unit.
38     Section 2.  Subsection (5) of section 83.56, Florida
39Statutes, is amended to read:
40     83.56  Termination of rental agreement.--
41     (5)  If the landlord accepts rent with actual knowledge of
42a noncompliance by the tenant or accepts performance by the
43tenant of any other provision of the rental agreement that is at
44variance with its provisions, or if the tenant pays rent with
45actual knowledge of a noncompliance by the landlord or accepts
46performance by the landlord of any other provision of the rental
47agreement that is at variance with its provisions, the landlord
48or tenant waives his or her right to terminate the rental
49agreement or to bring a civil action for that noncompliance, but
50not for any subsequent or continuing noncompliance. Any tenant
51who wishes to defend against an action by the landlord for
52possession of the unit for noncompliance of the rental agreement
53or of relevant statutes shall comply with the provisions in s.
5483.60(2). The court may not set a date for mediation or trial
55unless the provisions of s. 83.60(2) have been met, but shall
56enter a default judgment for removal of the tenant with a writ
57of possession to issue immediately if the tenant fails to comply
58with s. 83.60(2). This subsection does not apply to that portion
59of rent subsidies or operating subsidies received from a local,
60state, or national government or an agency of local, state, or
61national government; however, waiver will occur if the landlord
62does not serve initial statutory and regulatory notice to the
63tenant of the noncompliance an action has not been instituted
64within 45 days after the landlord has discovered, or should have
65reasonably discovered, of the noncompliance and instituted the
66action within 15 days after expiration of the notice attached to
67the complaint and exhaustion of all hearing rights.
68     Section 3.  Section 83.595, Florida Statutes, is amended to
69read:
70     83.595  Choice of remedies upon breach or early termination
71by tenant.--
72     (1)  If the tenant breaches the rental agreement lease for
73the dwelling unit and the landlord has obtained a writ of
74possession, or the tenant has surrendered possession of the
75dwelling unit to the landlord, or the tenant has abandoned the
76dwelling unit, the landlord may:
77     (1)(a)  Treat the rental agreement lease as terminated and
78retake possession for his or her own account, thereby
79terminating any further liability of the tenant; or
80     (2)(b)  Retake possession of the dwelling unit for the
81account of the tenant, holding the tenant liable for the
82difference between the rent rental stipulated to be paid under
83the rental lease agreement and what, in good faith, the landlord
84is able to recover from a reletting. If the landlord retakes
85possession, the landlord has a duty to exercise good faith in
86attempting to relet the premises, and any rent received by the
87landlord as a result of the reletting shall be deducted from the
88balance of rent due from the tenant. For purposes of this
89subsection, the term "good faith in attempting to relet the
90premises" means that the landlord uses at least the same efforts
91to relet the premises as were used in the initial rental or at
92least the same efforts as the landlord uses in attempting to
93rent other similar rental units but does not require the
94landlord to give a preference in renting the premises over other
95vacant dwelling units that the landlord owns or has the
96responsibility to rent; or
97     (3)(c)  Stand by and do nothing, holding the lessee liable
98for the rent as it comes due; or
99     (4)  If liquidated damages or an early termination fee is
100provided for in the rental agreement, treat the rental agreement
101as terminated and recover liquidated damages or charge an early
102termination fee upon the tenant's giving notice. This remedy is
103available only if the tenant, at the time the rental agreement
104was made, indicated acceptance of liquidated damages or an early
105termination fee by placing his or her signature or initials next
106to the provision in the agreement. If acceptance is not
107indicated, only the remedies available in subsection (1),
108subsection (2), or subsection (3) apply.
109     (a)  The landlord is entitled to both liquidated damages
110and an early termination fee if the combined total charge does
111not exceed an amount equal to 2 months' rent.
112     (b)  In addition to liquidated damages or an early
113termination fee, the landlord may charge the tenant for any
114unpaid rent and other charges due under the rental agreement
115through the end of the month in which the landlord retakes
116possession of the dwelling unit and any rent concessions that
117the tenant has received up to the maximum of 1 month's rent. For
118purposes of this paragraph, the term "rent concessions" means
119any amount contained in the rental agreement by which all or a
120portion of the base rent is reduced in consideration for the
121tenant's entering into the rental agreement.
122     (c)  This subsection does not apply if the breach is
123failure to give notice as provided in s. 83.575.
124     (2)  If the landlord retakes possession of the dwelling
125unit for the account of the tenant, the landlord has a duty to
126exercise good faith in attempting to relet the premises, and any
127rentals received by the landlord as a result of the reletting
128shall be deducted from the balance of rent due from the tenant.
129For purposes of this section, "good faith in attempting to relet
130the premises" means that the landlord shall use at least the
131same efforts to relet the premises as were used in the initial
132rental or at least the same efforts as the landlord uses in
133attempting to lease other similar rental units but does not
134require the landlord to give a preference in leasing the
135premises over other vacant dwelling units that the landlord owns
136or has the responsibility to rent.
137     Section 4.  This act shall take effect upon becoming a law.


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