| 1 | A bill to be entitled |
| 2 | An act relating to residential tenancies; amending s. |
| 3 | 83.50, F.S.; requiring a landlord to disclose prior |
| 4 | building, housing, or health code violations to a |
| 5 | potential tenant; authorizing a tenant to terminate the |
| 6 | rental agreement if the landlord does not comply with the |
| 7 | disclosure requirement; providing an effective date. |
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| 9 | Be It Enacted by the Legislature of the State of Florida: |
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| 11 | Section 1. Subsection (3) is added to section 83.50, |
| 12 | Florida Statutes, to read: |
| 13 | 83.50 Disclosure.-- |
| 14 | (3)(a) The landlord, or a person authorized to enter into |
| 15 | a rental agreement on the landlord's behalf, shall disclose to |
| 16 | the tenant in a writing separate from the rental agreement at or |
| 17 | before the commencement of the tenancy if, within the 5 years |
| 18 | prior to entering into the agreement, the landlord has been |
| 19 | found to be in violation of any building, housing, or health |
| 20 | code with regard to the rental property. The disclosure shall |
| 21 | include the name, street address, telephone number, and Internet |
| 22 | website address, if available, of each government agency that |
| 23 | has issued a code violation against the rental property. |
| 24 | (b) A tenant may terminate the rental agreement if the |
| 25 | landlord or the landlord's authorized representative has not |
| 26 | provided the disclosure required by paragraph (a) or if the |
| 27 | disclosure received from the landlord or the landlord's |
| 28 | authorized representative contains material misrepresentations |
| 29 | of fact and the tenant would not have entered into the lease had |
| 30 | the information required by paragraph (a) been accurately |
| 31 | disclosed. A tenant who terminates a rental agreement pursuant |
| 32 | to this paragraph is liable for the rent due under the rental |
| 33 | agreement prorated to the effective date of the termination, |
| 34 | payable at such time as would have otherwise been required by |
| 35 | the terms of the rental agreement. Such tenant is not liable for |
| 36 | any other rent or damages due to the early termination of the |
| 37 | tenancy as provided for in this paragraph. |
| 38 | Section 2. This act shall take effect July 1, 2007. |