CS/HB 1277

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. 83.595, F.S.; allowing a landlord to terminate a rental
5	agreement and recover liquidated damages or charge the
6	tenant an early termination fee for breach of the
7	agreement, or both, under certain circumstances; requiring
8	the tenant to indicate acceptance of an early termination
9	fee or liquidated-damages provision in the rental
10	agreement in order for the provision to take effect;
11	providing a limit on the combined total of damages and
12	fee; providing liability of the tenant for rent, other
13	charges otherwise due, and rental concessions; providing
14	an effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  Subsection (7) of section 83.43, Florida
19	Statutes, is amended, and subsection (17) is added to that
20	section, to read:
21	83.43  Definitions.--As used in this part, the following
22	words and terms shall have the following meanings unless some
23	other meaning is plainly indicated:
24	(7)  "Rental agreement" means any written agreement,
25	including amendments or addenda, or oral agreement if for a less
26	duration of less than 1 year, providing for use and occupancy of
27	premises.
28	(17)  "Early termination fee" means any charge, fee, or
29	forfeiture that is provided for in a written rental agreement
30	and is assessed to a tenant when a tenant vacates a dwelling
31	unit before the end of the rental agreement. An early
32	termination fee does not include:
33	(a)  Unpaid rent through the end of the month in which the
34	tenant occupied the dwelling unit.
35	(b)  Charges for damages to the dwelling unit.
36	Section 2.  Section 83.595, Florida Statutes, is amended to
37	read:
38	83.595  Choice of remedies upon breach or early termination
39	by tenant.--
40	(1)  If the tenant breaches the rental agreement lease for
41	the dwelling unit and the landlord has obtained a writ of
42	possession, or the tenant has surrendered possession of the
43	dwelling unit to the landlord, or the tenant has abandoned the
44	dwelling unit, the landlord may:
45	(1)(a)  Treat the rental agreement lease as terminated and
46	retake possession for his or her own account, thereby
47	terminating any further liability of the tenant; or
48	(2)(b)  Retake possession of the dwelling unit for the
49	account of the tenant, holding the tenant liable for the
50	difference between the rent rental stipulated to be paid under
51	the rental lease agreement and what, in good faith, the landlord
52	is able to recover from a reletting. If the landlord retakes
53	possession, the landlord has a duty to exercise good faith in
54	attempting to relet the premises, and any rent received by the
55	landlord as a result of the reletting shall be deducted from the
56	balance of rent due from the tenant. For purposes of this
57	subsection, the term "good faith in attempting to relet the
58	premises" means that the landlord uses at least the same efforts
59	to relet the premises as were used in the initial rental or at
60	least the same efforts as the landlord uses in attempting to
61	rent other similar rental units but does not require the
62	landlord to give a preference in renting the premises over other
63	vacant dwelling units that the landlord owns or has the
64	responsibility to rent; or
65	(3)(c)  Stand by and do nothing, holding the lessee liable
66	for the rent as it comes due; or.
67	(4)  If liquidated damages or an early termination fee are
68	provided for in the rental agreement, treat the rental agreement
69	as terminated and recover liquidated damages or charge an early
70	termination fee upon the tenant's giving notice. This remedy is
71	available only if the tenant, at the time the rental agreement
72	was made, indicated acceptance of liquidated damages or an early
73	termination fee by placing his or her signature or initials next
74	to the provision in the agreement. If acceptance is not
75	indicated, only the remedies available in subsection (1),
76	subsection (2), or subsection (3) apply.
77	(a)  The landlord is entitled to both liquidated damages
78	and an early termination fee if the combined total charge does
79	not exceed an amount equal to 2 months' rent.
80	(b)  In addition to liquidated damages or an early
81	termination fee, the landlord may charge the tenant for any
82	unpaid rent and other charges due under the rental agreement
83	through the end of the month in which the landlord retakes
84	possession of the dwelling unit, and any rent concessions that
85	the tenant has received up to the maximum of 1 month's rent. For
86	purposes of this paragraph, the term "rent concessions" means
87	any amount contained in the rental agreement by which all or a
88	portion of the base rent is reduced in consideration for the
89	tenant's entering into the rental agreement.
90	(c)  This subsection does not apply if the breach is
91	failure to give notice as provided in s. 83.575.
92	(2)  If the landlord retakes possession of the dwelling
93	unit for the account of the tenant, the landlord has a duty to
94	exercise good faith in attempting to relet the premises, and any
95	rentals received by the landlord as a result of the reletting
96	shall be deducted from the balance of rent due from the tenant.
97	For purposes of this section, "good faith in attempting to relet
98	the premises" means that the landlord shall use at least the
99	same efforts to relet the premises as were used in the initial
100	rental or at least the same efforts as the landlord uses in
101	attempting to lease other similar rental units but does not
102	require the landlord to give a preference in leasing the
103	premises over other vacant dwelling units that the landlord owns
104	or has the responsibility to rent.
105	Section 3.  This act shall take effect upon becoming a law.

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