1 | A bill to be entitled |
2 | An act relating to residential tenancies; amending s. |
3 | 83.43, F.S.; revising and providing definitions; amending |
4 | s. 83.56, F.S.; revising language with respect to waiver |
5 | of the right to terminate a rental agreement or bring a |
6 | civil action for noncompliance; amending s. 83.595, F.S.; |
7 | allowing a landlord to terminate a rental agreement and |
8 | recover liquidated damages or charge the tenant an early |
9 | termination fee for breach of the agreement, or both, |
10 | under certain circumstances; requiring the tenant to |
11 | indicate acceptance of an early termination fee or |
12 | liquidated-damages provision in the rental agreement in |
13 | order for the provision to take effect; providing a limit |
14 | on the combined total of damages and fee; providing |
15 | liability of the tenant for rent, other charges otherwise |
16 | due, and rental concessions; providing an effective date. |
17 |
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18 | Be It Enacted by the Legislature of the State of Florida: |
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20 | Section 1. Subsection (7) of section 83.43, Florida |
21 | Statutes, is amended, and subsection (17) is added to that |
22 | section, to read: |
23 | 83.43 Definitions.--As used in this part, the following |
24 | words and terms shall have the following meanings unless some |
25 | other meaning is plainly indicated: |
26 | (7) "Rental agreement" means any written agreement, |
27 | including amendments or addenda, or oral agreement if for a less |
28 | duration of less than 1 year, providing for use and occupancy of |
29 | premises. |
30 | (17) "Early termination fee" means any charge, fee, or |
31 | forfeiture that is provided for in a written rental agreement |
32 | and is assessed to a tenant when a tenant vacates a dwelling |
33 | unit before the end of the rental agreement. An early |
34 | termination fee does not include: |
35 | (a) Unpaid rent through the end of the month in which the |
36 | tenant occupied the dwelling unit. |
37 | (b) Charges for damages to the dwelling unit. |
38 | Section 2. Subsection (5) of section 83.56, Florida |
39 | Statutes, is amended to read: |
40 | 83.56 Termination of rental agreement.-- |
41 | (5) If the landlord accepts rent with actual knowledge of |
42 | a noncompliance by the tenant or accepts performance by the |
43 | tenant of any other provision of the rental agreement that is at |
44 | variance with its provisions, or if the tenant pays rent with |
45 | actual knowledge of a noncompliance by the landlord or accepts |
46 | performance by the landlord of any other provision of the rental |
47 | agreement that is at variance with its provisions, the landlord |
48 | or tenant waives his or her right to terminate the rental |
49 | agreement or to bring a civil action for that noncompliance, but |
50 | not for any subsequent or continuing noncompliance. Any tenant |
51 | who wishes to defend against an action by the landlord for |
52 | possession of the unit for noncompliance of the rental agreement |
53 | or of relevant statutes shall comply with the provisions in s. |
54 | 83.60(2). The court may not set a date for mediation or trial |
55 | unless the provisions of s. 83.60(2) have been met, but shall |
56 | enter a default judgment for removal of the tenant with a writ |
57 | of possession to issue immediately if the tenant fails to comply |
58 | with s. 83.60(2). This subsection does not apply to that portion |
59 | of rent subsidies or operating subsidies received from a local, |
60 | state, or national government or an agency of local, state, or |
61 | national government; however, waiver will occur if the landlord |
62 | does not serve initial statutory and regulatory notice to the |
63 | tenant of the noncompliance an action has not been instituted |
64 | within 45 days after the landlord has discovered, or should have |
65 | reasonably discovered, of the noncompliance and instituted the |
66 | action within 15 days after expiration of the notice attached to |
67 | the complaint and exhaustion of all hearing rights. |
68 | Section 3. Section 83.595, Florida Statutes, is amended to |
69 | read: |
70 | 83.595 Choice of remedies upon breach or early termination |
71 | by tenant.-- |
72 | (1) If the tenant breaches the rental agreement lease for |
73 | the dwelling unit and the landlord has obtained a writ of |
74 | possession, or the tenant has surrendered possession of the |
75 | dwelling unit to the landlord, or the tenant has abandoned the |
76 | dwelling unit, the landlord may: |
77 | (1)(a) Treat the rental agreement lease as terminated and |
78 | retake possession for his or her own account, thereby |
79 | terminating any further liability of the tenant; or |
80 | (2)(b) Retake possession of the dwelling unit for the |
81 | account of the tenant, holding the tenant liable for the |
82 | difference between the rent rental stipulated to be paid under |
83 | the rental lease agreement and what, in good faith, the landlord |
84 | is able to recover from a reletting. If the landlord retakes |
85 | possession, the landlord has a duty to exercise good faith in |
86 | attempting to relet the premises, and any rent received by the |
87 | landlord as a result of the reletting shall be deducted from the |
88 | balance of rent due from the tenant. For purposes of this |
89 | subsection, the term "good faith in attempting to relet the |
90 | premises" means that the landlord uses at least the same efforts |
91 | to relet the premises as were used in the initial rental or at |
92 | least the same efforts as the landlord uses in attempting to |
93 | rent other similar rental units but does not require the |
94 | landlord to give a preference in renting the premises over other |
95 | vacant dwelling units that the landlord owns or has the |
96 | responsibility to rent; or |
97 | (3)(c) Stand by and do nothing, holding the lessee liable |
98 | for the rent as it comes due; or |
99 | (4) If liquidated damages or an early termination fee is |
100 | provided for in the rental agreement, treat the rental agreement |
101 | as terminated and recover liquidated damages or charge an early |
102 | termination fee upon the tenant's giving notice. This remedy is |
103 | available only if the tenant, at the time the rental agreement |
104 | was made, indicated acceptance of liquidated damages or an early |
105 | termination fee by placing his or her signature or initials next |
106 | to the provision in the agreement. If acceptance is not |
107 | indicated, only the remedies available in subsection (1), |
108 | subsection (2), or subsection (3) apply. |
109 | (a) The landlord is entitled to both liquidated damages |
110 | and an early termination fee if the combined total charge does |
111 | not exceed an amount equal to 2 months' rent. |
112 | (b) In addition to liquidated damages or an early |
113 | termination fee, the landlord may charge the tenant for any |
114 | unpaid rent and other charges due under the rental agreement |
115 | through the end of the month in which the landlord retakes |
116 | possession of the dwelling unit and any rent concessions that |
117 | the tenant has received up to the maximum of 1 month's rent. For |
118 | purposes of this paragraph, the term "rent concessions" means |
119 | any amount contained in the rental agreement by which all or a |
120 | portion of the base rent is reduced in consideration for the |
121 | tenant's entering into the rental agreement. |
122 | (c) This subsection does not apply if the breach is |
123 | failure to give notice as provided in s. 83.575. |
124 | (2) If the landlord retakes possession of the dwelling |
125 | unit for the account of the tenant, the landlord has a duty to |
126 | exercise good faith in attempting to relet the premises, and any |
127 | rentals received by the landlord as a result of the reletting |
128 | shall be deducted from the balance of rent due from the tenant. |
129 | For purposes of this section, "good faith in attempting to relet |
130 | the premises" means that the landlord shall use at least the |
131 | same efforts to relet the premises as were used in the initial |
132 | rental or at least the same efforts as the landlord uses in |
133 | attempting to lease other similar rental units but does not |
134 | require the landlord to give a preference in leasing the |
135 | premises over other vacant dwelling units that the landlord owns |
136 | or has the responsibility to rent. |
137 | Section 4. This act shall take effect upon becoming a law. |