Florida Senate - 2025                                    SB 1164
       
       
        
       By Senator Leek
       
       
       
       
       
       7-01109A-25                                           20251164__
    1                        A bill to be entitled                      
    2         An act relating to the delivery of notices from
    3         landlords to tenants; creating s. 83.505, F.S.;
    4         authorizing a landlord to deliver any required notice
    5         to a tenant by e-mail if the tenant signs an addendum
    6         to his or her rental agreement which specifically
    7         agrees to such delivery; requiring a tenant who agrees
    8         to such addendum to provide the landlord with his or
    9         her valid e-mail address; providing that such delivery
   10         is deemed delivered when sent; providing an exception;
   11         requiring a landlord to maintain copies of any notice
   12         sent by e-mail, with evidence of transmission;
   13         providing that this section does not preclude delivery
   14         in any other way authorized by law; amending ss.
   15         83.20, 83.49, 83.50, and 83.56, F.S.; conforming
   16         provisions to changes made by the act; providing an
   17         effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Section 83.505, Florida Statutes, is created to
   22  read:
   23         83.505 E-mail delivery of notice by landlord.—
   24         (1) A landlord may deliver any notice required by this part
   25  to a tenant by e-mail if the tenant signs an addendum to his or
   26  her rental agreement specifically agreeing to the delivery of
   27  notices by e-mail and has provided a valid e-mail address for
   28  such purpose.
   29         (2)A notice delivered by e-mail in accordance with this
   30  section is deemed delivered when sent, unless the e-mail is
   31  returned to the landlord as undeliverable.
   32         (3)The landlord shall maintain a copy of any notice sent
   33  by e-mail, along with evidence of transmission.
   34         (4)This section does not preclude the service of notices
   35  by any other means authorized by law.
   36         Section 2. Subsections (2) and (3) of section 83.20,
   37  Florida Statutes, are amended to read:
   38         83.20 Causes for removal of tenants.—Any tenant or lessee
   39  at will or sufferance, or for part of the year, or for one or
   40  more years, of any houses, lands or tenements, and the assigns,
   41  under tenants or legal representatives of such tenant or lessee,
   42  may be removed from the premises in the manner hereinafter
   43  provided in the following cases:
   44         (2) Where such person holds over without permission as
   45  aforesaid, after any default in the payment of rent pursuant to
   46  the agreement under which the premises are held, and 3 days’
   47  notice in writing requiring the payment of the rent or the
   48  possession of the premises has been served by the person
   49  entitled to the rent on the person owing the same. The service
   50  of the notice shall be by delivery of a true copy thereof, by e
   51  mail pursuant to s. 83.505, or, if the tenant is absent from the
   52  rented premises, by leaving a copy thereof at such place.
   53         (3) Where such person holds over without permission after
   54  failing to cure a material breach of the lease or oral
   55  agreement, other than nonpayment of rent, and when 15 days’
   56  written notice requiring the cure of such breach or the
   57  possession of the premises has been served on the tenant. This
   58  subsection applies only when the lease is silent on the matter
   59  or when the tenancy is an oral one at will. The notice may give
   60  a longer time period for cure of the breach or surrender of the
   61  premises. In the absence of a lease provision prescribing the
   62  method for serving notices, service must be by mail, e-mail
   63  pursuant to s. 83.505, hand delivery, or, if the tenant is
   64  absent from the rental premises or the address designated by the
   65  lease, by posting.
   66         Section 3. Paragraphs (a) and (d) of subsection (2) and
   67  paragraph (a) of subsection (3) of section 83.49, Florida
   68  Statutes, are amended to read:
   69         83.49 Deposit money or advance rent; duty of landlord and
   70  tenant.—
   71         (2) The landlord shall, in the lease agreement or within 30
   72  days after receipt of advance rent or a security deposit, give
   73  written notice to the tenant which includes disclosure of the
   74  advance rent or security deposit. Subsequent to providing such
   75  written notice, if the landlord changes the manner or location
   76  in which he or she is holding the advance rent or security
   77  deposit, he or she must notify the tenant within 30 days after
   78  the change as provided in paragraphs (a)-(d). The landlord is
   79  not required to give new or additional notice solely because the
   80  depository has merged with another financial institution,
   81  changed its name, or transferred ownership to a different
   82  financial institution. This subsection does not apply to any
   83  landlord who rents fewer than five individual dwelling units.
   84  Failure to give this notice is not a defense to the payment of
   85  rent when due. The written notice must:
   86         (a) Be given in person, by e-mail pursuant to s. 83.505, or
   87  by mail to the tenant.
   88         (d) Contain the following disclosure:
   89  
   90         YOUR LEASE REQUIRES PAYMENT OF CERTAIN DEPOSITS. THE
   91         LANDLORD MAY TRANSFER ADVANCE RENTS TO THE LANDLORD’S
   92         ACCOUNT AS THEY ARE DUE AND WITHOUT NOTICE. WHEN YOU
   93         MOVE OUT, YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS
   94         SO THAT THE LANDLORD CAN SEND YOU NOTICES REGARDING
   95         YOUR DEPOSIT. THE LANDLORD MUST MAIL OR, IF AGREED TO
   96         BY ADDENDUM PURSUANT TO S. 83.505, FLORIDA STATUTES,
   97         E-MAIL YOU NOTICE, WITHIN 30 DAYS AFTER YOU MOVE OUT,
   98         OF THE LANDLORD’S INTENT TO IMPOSE A CLAIM AGAINST THE
   99         DEPOSIT. IF YOU DO NOT REPLY TO THE LANDLORD STATING
  100         YOUR OBJECTION TO THE CLAIM WITHIN 15 DAYS AFTER
  101         RECEIPT OF THE LANDLORD’S NOTICE, THE LANDLORD WILL
  102         COLLECT THE CLAIM AND MUST MAIL YOU THE REMAINING
  103         DEPOSIT, IF ANY.
  104  
  105         IF THE LANDLORD FAILS TO TIMELY MAIL OR E-MAIL YOU
  106         NOTICE, THE LANDLORD MUST RETURN THE DEPOSIT BUT MAY
  107         LATER FILE A LAWSUIT AGAINST YOU FOR DAMAGES. IF YOU
  108         FAIL TO TIMELY OBJECT TO A CLAIM, THE LANDLORD MAY
  109         COLLECT FROM THE DEPOSIT, BUT YOU MAY LATER FILE A
  110         LAWSUIT CLAIMING A REFUND.
  111  
  112         YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE
  113         BEFORE FILING A LAWSUIT. GENERALLY, THE PARTY IN WHOSE
  114         FAVOR A JUDGMENT IS RENDERED WILL BE AWARDED COSTS AND
  115         ATTORNEY FEES PAYABLE BY THE LOSING PARTY.
  116  
  117         THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF
  118         CHAPTER 83, FLORIDA STATUTES, TO DETERMINE YOUR LEGAL
  119         RIGHTS AND OBLIGATIONS.
  120  
  121         (3) The landlord or the landlord’s agent may disburse
  122  advance rents from the deposit account to the landlord’s benefit
  123  when the advance rental period commences and without notice to
  124  the tenant. For all other deposits:
  125         (a) Upon the vacating of the premises for termination of
  126  the lease, if the landlord does not intend to impose a claim on
  127  the security deposit, the landlord shall have 15 days to return
  128  the security deposit together with interest if otherwise
  129  required, or the landlord shall have 30 days to give the tenant
  130  written notice by certified mail to the tenant’s last known
  131  mailing address or by e-mail pursuant to s. 83.505 of his or her
  132  intention to impose a claim on the deposit and the reason for
  133  imposing the claim. The notice shall contain a statement in
  134  substantially the following form:
  135  
  136         This is a notice of my intention to impose a claim for
  137  damages in the amount of .... upon your security deposit, due to
  138  ..... It is sent to you as required by s. 83.49(3), Florida
  139  Statutes. You are hereby notified that you must object in
  140  writing or by e-mail to this deduction from your security
  141  deposit within 15 days from the time you receive this notice or
  142  I will be authorized to deduct my claim from your security
  143  deposit. Your objection must be sent to ...(landlord’s
  144  address)....
  145  
  146  If the landlord fails to give the required notice within the 30
  147  day period, he or she forfeits the right to impose a claim upon
  148  the security deposit and may not seek a setoff against the
  149  deposit but may file an action for damages after return of the
  150  deposit.
  151         Section 4. Section 83.50, Florida Statutes, is amended to
  152  read:
  153         83.50 Disclosure of landlord’s address.—In addition to any
  154  other disclosure required by law, the landlord, or a person
  155  authorized to enter into a rental agreement on the landlord’s
  156  behalf, shall disclose in writing or by e-mail pursuant to s.
  157  83.505 to the tenant, at or before the commencement of the
  158  tenancy, the name and address of the landlord or a person
  159  authorized to receive notices and demands in the landlord’s
  160  behalf. The person so authorized to receive notices and demands
  161  retains authority until the tenant is notified otherwise. All
  162  notices of such names and addresses or changes thereto shall be
  163  delivered to the tenant’s residence, by e-mail if agreed to
  164  pursuant to s. 83.505, or, if specified in writing by the
  165  tenant, to any other address.
  166         Section 5. Subsection (4) of section 83.56, Florida
  167  Statutes, is amended to read:
  168         83.56 Termination of rental agreement.—
  169         (4) The delivery of the written notices required by
  170  subsections (1), (2), and (3) shall be by mailing or delivery of
  171  a true copy thereof, by e-mail if applicable pursuant to s.
  172  83.505, or, if the tenant is absent from the premises, by
  173  leaving a copy thereof at the residence. The notice requirements
  174  of subsections (1), (2), and (3) may not be waived in the lease.
  175         Section 6. This act shall take effect July 1, 2025.