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 |
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17 | Be It Enacted by the Legislature of the State of Florida: |
18 |
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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. |