| 1 | A bill to be entitled |
| 2 | An act relating to residential tenancies; amending s. |
| 3 | 83.59, F.S.; providing additional circumstances under |
| 4 | which a landlord may recover possession of a unit; |
| 5 | providing exceptions; amending s. 83.67, F.S.; providing |
| 6 | for recovery of possession of a dwelling unit due to the |
| 7 | death of the tenant; providing an effective date. |
| 8 |
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| 9 | Be It Enacted by the Legislature of the State of Florida: |
| 10 |
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| 11 | Section 1. Subsection (3) of section 83.59, Florida |
| 12 | Statutes, is amended to read: |
| 13 | 83.59 Right of action for possession.-- |
| 14 | (3) The landlord shall not recover possession of a |
| 15 | dwelling unit except: |
| 16 | (a) In an action for possession under subsection (2) or |
| 17 | other civil action in which the issue of right of possession is |
| 18 | determined; |
| 19 | (b) When the tenant has surrendered possession of the |
| 20 | dwelling unit to the landlord; or |
| 21 | (c) When the tenant has abandoned the dwelling unit. In |
| 22 | the absence of actual knowledge of abandonment, it shall be |
| 23 | presumed that the tenant has abandoned the dwelling unit if he |
| 24 | or she is absent from the premises for a period of time equal to |
| 25 | one-half the time for periodic rental payments. However, this |
| 26 | presumption does shall not apply if the rent is current or the |
| 27 | tenant has notified the landlord, in writing, of an intended |
| 28 | absence; or. |
| 29 | (d) When the last remaining tenant of a dwelling unit is |
| 30 | deceased, personal property remains on the premises, rent is |
| 31 | unpaid, at least 60 days have elapsed following the date of |
| 32 | death, and the landlord has not been notified in writing of the |
| 33 | existence of a probate estate or of the name and address of a |
| 34 | personal representative. This paragraph does not apply to a |
| 35 | dwelling unit used in connection with a federally administered |
| 36 | or regulated housing program, including programs under s. 202, |
| 37 | s. 221(d)(3) and (4), s. 236, or s. 8 of the National Housing |
| 38 | Act, as amended. |
| 39 | Section 2. Subsection (5) of section 83.67, Florida |
| 40 | Statutes, is amended to read: |
| 41 | 83.67 Prohibited practices.-- |
| 42 | (5) A landlord of any dwelling unit governed by this part |
| 43 | shall not remove the outside doors, locks, roof, walls, or |
| 44 | windows of the unit except for purposes of maintenance, repair, |
| 45 | or replacement; and the landlord shall not remove the tenant's |
| 46 | personal property from the dwelling unit unless such action is |
| 47 | taken after surrender, abandonment, recovery of possession of |
| 48 | the dwelling unit due to the death of the last remaining tenant |
| 49 | in accordance with s. 83.59(3)(d), or a lawful eviction. If |
| 50 | provided in the rental agreement or a written agreement separate |
| 51 | from the rental agreement, upon surrender or abandonment by the |
| 52 | tenant, the landlord is not required to comply with s. 715.104 |
| 53 | and is not liable or responsible for storage or disposition of |
| 54 | the tenant's personal property; if provided in the rental |
| 55 | agreement, there must be printed or clearly stamped on such |
| 56 | rental agreement a legend in substantially the following form: |
| 57 |
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| 58 | BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON |
| 59 | SURRENDER, OR ABANDONMENT, OR RECOVERY OF POSSESSION OF THE |
| 60 | DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS |
| 61 | PROVIDED DEFINED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD |
| 62 | SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF |
| 63 | THE TENANT'S PERSONAL PROPERTY. |
| 64 |
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| 65 | For the purposes of this section, abandonment shall be as set |
| 66 | forth in s. 83.59(3)(c). |
| 67 | Section 3. This act shall take effect upon becoming a law. |