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