Senate Bill sb0400er

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    2007 Legislature                  CS for SB 400, 1st Engrossed



  1                                 

  2         An act relating to residential tenancies;

  3         amending s. 83.59, F.S.; providing additional

  4         circumstances under which a landlord may

  5         recover possession of a unit; amending s.

  6         83.67, F.S.; providing for recovery of

  7         possession of a dwelling unit due to the death

  8         of the tenant; providing an effective date.

  9  

10  Be It Enacted by the Legislature of the State of Florida:

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12         Section 1.  Subsection (3) of section 83.59, Florida

13  Statutes, is amended to read:

14         83.59  Right of action for possession.--

15         (3)  The landlord shall not recover possession of a

16  dwelling unit except:

17         (a)  In an action for possession under subsection (2)

18  or other civil action in which the issue of right of

19  possession is determined;

20         (b)  When the tenant has surrendered possession of the

21  dwelling unit to the landlord; or

22         (c)  When the tenant has abandoned the dwelling unit.

23  In the absence of actual knowledge of abandonment, it shall be

24  presumed that the tenant has abandoned the dwelling unit if he

25  or she is absent from the premises for a period of time equal

26  to one-half the time for periodic rental payments. However,

27  this presumption does shall not apply if the rent is current

28  or the tenant has notified the landlord, in writing, of an

29  intended absence; or.

30         (d)  When the last remaining tenant of a dwelling unit

31  is deceased, personal property remains on the premises, rent


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    ENROLLED

    2007 Legislature                  CS for SB 400, 1st Engrossed



 1  is unpaid, at least 60 days have elapsed following the date of

 2  death, and the landlord has not been notified in writing of

 3  the existence of a probate estate or of the name and address

 4  of a personal representative. This paragraph does not apply to

 5  a dwelling unit used in connection with a federally

 6  administered or regulated housing program, including programs

 7  under s. 202, s. 221(d)(3) and (4), s. 236, or s. 8 of the

 8  National Housing Act, as amended.

 9         Section 2. Subsection (5) of section 83.67, Florida

10  Statutes, is amended to read:

11         83.67 Prohibited practices.--

12         (5) A landlord of any dwelling unit governed by this

13  part shall not remove the outside doors, locks, roof, walls,

14  or windows of the unit except for purposes of maintenance,

15  repair, or replacement; and the landlord shall not remove the

16  tenant's personal property from the dwelling unit unless such

17  action is taken after surrender, abandonment, recovery of

18  possession of the dwelling unit due to the death of the last

19  remaining tenant in accordance with s. 83.59(3)(d), or a

20  lawful eviction. If provided in the rental agreement or a

21  written agreement separate from the rental agreement, upon

22  surrender or abandonment by the tenant, the landlord is not

23  required to comply with s. 715.104 and is not liable or

24  responsible for storage or disposition of the tenant's

25  personal property; if provided in the rental agreement, there

26  must be printed or clearly stamped on such rental agreement a

27  legend in substantially the following form:

28  

29  BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON

30  SURRENDER, OR ABANDONMENT, OR RECOVERY OF POSSESSION OF THE

31  DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT,


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    ENROLLED

    2007 Legislature                  CS for SB 400, 1st Engrossed



 1  AS PROVIDED DEFINED BY CHAPTER 83, FLORIDA STATUTES, THE

 2  LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR

 3  DISPOSITION OF THE TENANT'S PERSONAL PROPERTY.

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 5  For the purposes of this section, abandonment shall be as set

 6  forth in s. 83.59(3)(c).

 7         Section 2.  This act shall take effect upon becoming a

 8  law.

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