Senate Bill sb0898

    Florida Senate - 2007                                   SB 898

    By Senator Hill





    1-1018-07                                             See HB 5

  1                      A bill to be entitled

  2         An act relating to residential tenancies;

  3         amending s. 83.50, F.S.; requiring a landlord

  4         to disclose prior building, housing, or health

  5         code violations to a potential tenant;

  6         authorizing a tenant to terminate the rental

  7         agreement if the landlord does not comply with

  8         the disclosure requirement; providing an

  9         effective date.

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

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13         Section 1.  Subsection (3) is added to section 83.50,

14  Florida Statutes, to read:

15         83.50  Disclosure.--

16         (3)(a)  The landlord, or a person authorized to enter

17  into a rental agreement on the landlord's behalf, shall

18  disclose to the tenant in a writing separate from the rental

19  agreement at or before the commencement of the tenancy if,

20  within the 5 years prior to entering into the agreement, the

21  landlord has been found to be in violation of any building,

22  housing, or health code with regard to the rental property.

23  The disclosure shall include the name, street address,

24  telephone number, and Internet website address, if available,

25  of each government agency that has issued a code violation

26  against the rental property.

27         (b)  A tenant may terminate the rental agreement if the

28  landlord or the landlord's authorized representative has not

29  provided the disclosure required by paragraph (a) or if the

30  disclosure received from the landlord or the landlord's

31  authorized representative contains material misrepresentations

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                   SB 898
    1-1018-07                                             See HB 5




 1  of fact and the tenant would not have entered into the lease

 2  had the information required by paragraph (a) been accurately

 3  disclosed. A tenant who terminates a rental agreement pursuant

 4  to this paragraph is liable for the rent due under the rental

 5  agreement prorated to the effective date of the termination,

 6  payable at such time as would have otherwise been required by

 7  the terms of the rental agreement. Such tenant is not liable

 8  for any other rent or damages due to the early termination of

 9  the tenancy as provided for in this paragraph.

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

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CODING: Words stricken are deletions; words underlined are additions.