Senate Bill sb0880

    Florida Senate - 2007                                   SB 880

    By Senator Rich





    34-514A-07

  1                      A bill to be entitled

  2         An act relating to residential tenancies;

  3         creating s. 83.683, F.S.; providing

  4         definitions; providing for an early termination

  5         of a lease if a victim of domestic violence,

  6         sexual violence, dating violence, or repeat

  7         violence elects to leave a residential rental

  8         property under certain circumstances; providing

  9         the effect of such termination; prescribing

10         responsibilities of parties; providing the

11         landlord's rights under such termination;

12         providing that the rights of a victim may not

13         be waived or modified; providing an effective

14         date.

15  

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

17  

18         Section 1.  Section 83.683, Florida Statutes, is

19  created to read:

20         83.683  Termination of a rental agreement by a victim

21  of domestic violence, repeat violence, sexual violence, or

22  dating violence.--

23         (1)  As used in this section, the term:

24         (a)  "Permanent injunction" means a final injunction

25  for protection against domestic violence, issued under s.

26  741.30(6), or a final injunction for protection against repeat

27  violence, sexual violence, or dating violence, issued under s.

28  784.046(7), regardless of whether a motion for rehearing or a

29  notice of appeal is filed.

30         (b)  "Respondent" means a person against whom a

31  permanent injunction for protection against domestic violence

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    Florida Senate - 2007                                   SB 880
    34-514A-07




 1  was issued under s. 741.30, or a permanent injunction for

 2  protection against repeat violence, sexual violence, or dating

 3  violence, issued under s. 784.046(7), has been issued.

 4         (c)  "Victim" means an adult, or the parent or guardian

 5  of a minor, who has been granted a permanent injunction

 6  against domestic violence, as defined in s. 741.28, or who has

 7  been granted a permanent injunction against sexual violence,

 8  dating violence, or acts of repeat violence, as defined in s.

 9  784.046, and who has been granted exclusive possession by a

10  court of a dwelling unit that is subject to this part.

11         (2)(a)  A victim may elect to terminate a rental

12  agreement and vacate the dwelling unit if the victim gives the

13  landlord written notice of the victim's intent to terminate

14  the lease and a copy of the permanent injunction. The victim

15  must give the landlord the notice and injunction no later than

16  15 days after the injunction is entered.

17         (b)  The victim must vacate the dwelling unit on the

18  date the lease expires or within 30 days after the landlord

19  receives notice of the termination, whichever occurs first.

20         (c)  The landlord shall mail the notice required by s.

21  83.49(3)(a) to both the victim and the respondent. The notice

22  mailed to the respondent may not reveal the victim's new

23  address.

24         (3)  The lease or tenancy shall continue in all

25  respects under the terms and conditions of the lease except

26  that the victim shall be released from all future obligations

27  of the lease; however, all tenants, including the victim and

28  the respondent, are responsible for any damages that exceed

29  ordinary wear and tear, excluding those damages incurred as a

30  result of any incident of domestic abuse, in which case the

31  cost shall be the sole responsibility of the respondent. This

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    Florida Senate - 2007                                   SB 880
    34-514A-07




 1  subsection does not impair the right of a landlord to evict

 2  the tenant in accordance with terms and conditions that

 3  provide for eviction if a tenant participates in unlawful

 4  activity.

 5         (4)  If the respondent or any other tenant who is

 6  entitled to occupy the dwelling unit under the rental

 7  agreement fails to retake possession of the premises within 15

 8  days after the date the victim gave the landlord as the date

 9  the victim would vacate the premises and the rent is unpaid,

10  the premises shall be considered abandoned and the landlord

11  may retake possession and dispose of any abandoned property in

12  any way the landlord sees fit.

13         (5)  This section may not be waived or modified by

14  agreement of the victim or the respondent.

15         (6)  This section applies to all rental agreements that

16  are subject to this part and executed on or after July 1,

17  2007.

18         Section 2.  This act shall take effect July 1, 2007.

19  

20            *****************************************

21                          SENATE SUMMARY

22    Provides for an early termination of a lease if a victim
      of domestic violence elects to leave a residential rental
23    property. Provides that a residential lease agreement may
      not waive or modify the rights of a victim.
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CODING: Words stricken are deletions; words underlined are additions.