HB 1489

1	A bill to be entitled
2	An act relating to residential tenancies; amending s.
3	83.43, F.S.; redefining the term "rental agreement";
4	defining the term "early termination fee"; amending s.
5	83.595, F.S.; allowing a landlord to terminate a rental
6	agreement and recover liquidated damages or charge the
7	tenant an early termination fee for breach of the
8	agreement, or both, under certain circumstances; requiring
9	the tenant to indicate acceptance of an early termination
10	fee or liquidated-damages provision in the rental
11	agreement in order for the provision to take effect;
12	providing a limit on the combined total of damages and
13	fees; providing liability of the tenant for rent, other
14	charges due, and rental concessions; providing an
15	effective date.
16
17	Be It Enacted by the Legislature of the State of Florida:
18
19	Section 1.  Subsection (7) of section 83.43, Florida
20	Statutes, is amended, and subsection (17) is added to that
21	section, to read:
22	83.43  Definitions.--As used in this part, the following
23	words and terms shall have the following meanings unless some
24	other meaning is plainly indicated:
25	(7)  "Rental agreement" means any written agreement,
26	including amendments or addenda, or oral agreement if for a less
27	duration of less than 1 year, providing for use and occupancy of
28	premises.
29	(17)  "Early termination fee" means any charge, fee, or
30	forfeiture that is provided for in a written rental agreement
31	and is assessed to a tenant when a tenant elects to terminate
32	the rental agreement, as provided in the agreement, and vacates
33	a dwelling unit before the end of the rental agreement. An early
34	termination fee does not include:
35	(a)  Unpaid rent and other accrued charges through the end
36	of the month in which the landlord retakes possession of the
37	dwelling unit.
38	(b)  Charges for damages to the dwelling unit.
39	(c)  Charges associated with a rental agreement settlement,
40	release, buy-out, or accord and satisfaction agreement.
41	Section 2.  Section 83.595, Florida Statutes, is amended to
42	read:
43	83.595  Choice of remedies upon breach or early termination
44	by tenant.--
45	(1)  If the tenant breaches the rental agreement lease for
46	the dwelling unit and the landlord has obtained a writ of
47	possession, or the tenant has surrendered possession of the
48	dwelling unit to the landlord, or the tenant has abandoned the
49	dwelling unit, the landlord may:
50	(1)(a)  Treat the rental agreement lease as terminated and
51	retake possession for his or her own account, thereby
52	terminating any further liability of the tenant; or
53	(2)(b)  Retake possession of the dwelling unit for the
54	account of the tenant, holding the tenant liable for the
55	difference between the rent rental stipulated to be paid under
56	the rental lease agreement and what, in good faith, the landlord
57	is able to recover from a reletting. If the landlord retakes
58	possession, the landlord has a duty to exercise good faith in
59	attempting to relet the premises, and any rent received by the
60	landlord as a result of the reletting must be deducted from the
61	balance of rent due from the tenant. For purposes of this
62	subsection, the term "good faith in attempting to relet the
63	premises" means that the landlord uses at least the same efforts
64	to relet the premises as were used in the initial rental or at
65	least the same efforts as the landlord uses in attempting to
66	rent other similar rental units but does not require the
67	landlord to give a preference in renting the premises over other
68	vacant dwelling units that the landlord owns or has the
69	responsibility to rent; or
70	(3)(c)  Stand by and do nothing, holding the lessee liable
71	for the rent as it comes due; or.
72	(4)  Charge liquidated damages, as provided in the rental
73	agreement, or an early termination fee to the tenant if the
74	landlord and tenant have agreed to liquidated damages or an
75	early termination fee, if the amount does not exceed 2 months'
76	rent, and if, in the case of an early termination fee, the
77	tenant is required to give no more than 60 days' notice, as
78	provided in the rental agreement, prior to the proposed date of
79	early termination. This remedy is available only if the tenant
80	and the landlord, at the time the rental agreement was made,
81	indicated acceptance of liquidated damages or an early
82	termination fee. The tenant must indicate acceptance of
83	liquidated damages or an early termination fee by signing a
84	separate addendum to the rental agreement containing a provision
85	in substantially the following form:
86	[__] I agree, as provided in the rental agreement, to pay
87	$____(an amount that does not exceed 2 months' rent) as
88	liquidated damages or an early termination fee if I elect to
89	terminate the rental agreement, and the landlord waives the
90	right to seek additional rent beyond the month in which the
91	landlord retakes possession.
92	[__] I do not agree to liquidated damages or an early
93	termination fee, and I acknowledge that the landlord may seek
94	damages as provided by law.
95	(a)  In addition to liquidated damages or an early
96	termination fee, the landlord is entitled to the rent and other
97	charges accrued through the end of the month in which the
98	landlord retakes possession of the dwelling unit and charges for
99	damages to the dwelling unit.
100	(b)  This subsection does not apply if the breach is
101	failure to give notice as provided in s. 83.575.
102	(2)  If the landlord retakes possession of the dwelling
103	unit for the account of the tenant, the landlord has a duty to
104	exercise good faith in attempting to relet the premises, and any
105	rentals received by the landlord as a result of the reletting
106	shall be deducted from the balance of rent due from the tenant.
107	For purposes of this section, "good faith in attempting to relet
108	the premises" means that the landlord shall use at least the
109	same efforts to relet the premises as were used in the initial
110	rental or at least the same efforts as the landlord uses in
111	attempting to lease other similar rental units but does not
112	require the landlord to give a preference in leasing the
113	premises over other vacant dwelling units that the landlord owns
114	or has the responsibility to rent.
115	Section 3.  This act shall take effect upon becoming a law.

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