House Bill hb0595

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    Florida House of Representatives - 2001                 HB 595

        By Representative Haridopolos






  1                      A bill to be entitled

  2         An act relating to landlord and tenant;

  3         amending s. 83.49, F.S.; increasing the time

  4         period within which a landlord must return a

  5         security deposit; amending s. 83.67, F.S.;

  6         exempting certain landlords from a requirement

  7         to give notice to former tenants regarding

  8         personal property; amending ss. 715.105,

  9         715.106, and 715.109, F.S.; increasing the

10         value of abandoned personal property that may

11         be kept, sold, or destroyed by a landlord;

12         conforming notice provisions; providing an

13         effective date.

14

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

16

17         Section 1.  Subsection (3) of section 83.49, Florida

18  Statutes, is amended to read:

19         83.49  Deposit money or advance rent; duty of landlord

20  and tenant.--

21         (3)(a)  Upon the vacating of the premises for

22  termination of the lease, the landlord shall have 30 15 days

23  to return the security deposit together with interest if

24  otherwise required, or in which to give the tenant written

25  notice by certified mail to the tenant's last known mailing

26  address of his or her intention to impose a claim on the

27  deposit and the reason for imposing the claim.  The notice

28  shall contain a statement in substantially the following form:

29

30         This is a notice of my intention to impose a claim for

31  damages in the amount of .... upon your security deposit, due

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  1  to ..... It is sent to you as required by s. 83.49(3), Florida

  2  Statutes. You are hereby notified that you must object in

  3  writing to this deduction from your security deposit within 15

  4  days from the time you receive this notice or I will be

  5  authorized to deduct my claim from your security deposit.

  6  Your objection must be sent to ...(landlord's address)....

  7

  8  If the landlord fails to give the required notice within the

  9  30-day 15-day period, he or she forfeits the right to impose a

10  claim upon the security deposit.

11         (b)  Unless the tenant objects to the imposition of the

12  landlord's claim or the amount thereof within 15 days after

13  receipt of the landlord's notice of intention to impose a

14  claim, the landlord may then deduct the amount of his or her

15  claim and shall remit the balance of the deposit to the tenant

16  within 30 days after the date of the notice of intention to

17  impose a claim for damages.

18         (c)  If either party institutes an action in a court of

19  competent jurisdiction to adjudicate the party's right to the

20  security deposit, the prevailing party is entitled to receive

21  his or her court costs plus a reasonable fee for his or her

22  attorney.  The court shall advance the cause on the calendar.

23         (d)  Compliance with this section by an individual or

24  business entity authorized to conduct business in this state,

25  including Florida-licensed real estate brokers and

26  salespersons, shall constitute compliance with all other

27  relevant Florida Statutes pertaining to security deposits held

28  pursuant to a rental agreement or other landlord-tenant

29  relationship.  Enforcement personnel shall look solely to this

30  section to determine compliance.  This section prevails over

31  any conflicting provisions in chapter 475 and in other

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    Florida House of Representatives - 2001                 HB 595

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  1  sections of the Florida Statutes, and shall operate to permit

  2  licensed real estate brokers to disburse security deposits and

  3  deposit money without having to comply with the notice and

  4  settlement procedures contained in s. 475.25(1)(d).

  5         Section 2.  Subsection (3) of section 83.67, Florida

  6  Statutes, is amended to read:

  7         83.67  Prohibited practices.--

  8         (3)  No landlord of any dwelling unit governed by this

  9  part shall remove the outside doors, locks, roof, walls, or

10  windows of the unit except for purposes of maintenance,

11  repair, or replacement; nor shall the landlord remove the

12  tenant's personal property from the dwelling unit unless said

13  action is taken after surrender, abandonment, or a lawful

14  eviction.  If provided in the rental agreement or a written

15  agreement separate from the rental agreement, upon surrender

16  or abandonment by the tenant, the landlord is not required to

17  comply with s. 715.104 and is shall not be liable or

18  responsible for storage or disposition of the tenant's

19  personal property; if provided in the rental agreement there

20  must shall be printed or clearly stamped on such rental

21  agreement a legend in substantially the following form:

22

23  BY SIGNING THIS RENTAL AGREEMENT THE TENANT AGREES THAT UPON

24  SURRENDER OR ABANDONMENT, AS DEFINED BY THE FLORIDA STATUTES,

25  THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR

26  DISPOSITION OF THE TENANT'S PERSONAL PROPERTY.

27

28  For the purposes of this section, abandonment shall be as set

29  forth in s. 83.59(3)(c).

30         Section 3.  Section 715.105, Florida Statutes, is

31  amended to read:

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  1         715.105  Form of notice to former tenant.--

  2         (1)  A notice to the former tenant which is in

  3  substantially the following form satisfies the requirements of

  4  s. 715.104:

  5

  6         Notice of Right to Reclaim Abandoned Property

  7         To:  ...(Name of former tenant)...

  8    ...(Address of former tenant)...

  9         When you vacated the premises at ...(address of

10  premises, including room or apartment number, if any)..., the

11  following personal property remained:  ...(insert description

12  of personal property)....

13         You may claim this property at ...(address where

14  property may be claimed)....

15         Unless you pay the reasonable costs of storage and

16  advertising, if any, for all the above-described property and

17  take possession of the property which you claim, not later

18  than ...(insert date not fewer than 10 days after notice is

19  personally delivered or, if mailed, not fewer than 15 days

20  after notice is deposited in the mail)..., this property may

21  be disposed of pursuant to s. 715.109.

22         (Insert here the statement required by subsection (2))

23         Dated:....                ...(Signature of landlord)...

24         ...(Type or print name of landlord)...

25         ...(Telephone number)...

26         ...(Address)...

27

28         (2)  The notice set forth in subsection (1) shall also

29  contain one of the following statements:

30         (a)  "If you fail to reclaim the property, it will be

31  sold at a public sale after notice of the sale has been given

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  1  by publication.  You have the right to bid on the property at

  2  this sale.  After the property is sold and the costs of

  3  storage, advertising, and sale are deducted, the remaining

  4  money will be paid over to the county.  You may claim the

  5  remaining money at any time within 1 year after the county

  6  receives the money."

  7         (b)  "Because this property is believed to be worth

  8  less than $500 $250, it may be kept, sold, or destroyed

  9  without further notice if you fail to reclaim it within the

10  time indicated above."

11         Section 4.  Section 715.106, Florida Statutes, is

12  amended to read:

13         715.106  Form of notice to owner other than former

14  tenant.--

15         (1)  A notice which is in substantially the following

16  form given to a person who is not the former tenant and whom

17  the landlord reasonably believes to be the owner of any of the

18  abandoned personal property satisfies the requirements of s.

19  715.104:

20

21         Notice of Right to Reclaim Abandoned Property

22         To:  ...(Name)...

23    ...(Address)...

24         When ...(name of former tenant)... vacated the premises

25  at ...(address of premises, including room or apartment

26  number, if any)..., the following personal property remained:

27  ...(insert description of personal property)....

28         If you own any of this property, you may claim it at

29  ...(address where property may be claimed)....  Unless you pay

30  the reasonable costs of storage and advertising, if any, and

31  take possession of the property to which you are entitled, not

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  1  later than ...(insert date not fewer than 10 days after notice

  2  is personally delivered or, if mailed, not fewer than 15 days

  3  after notice is deposited in the mail)..., this property may

  4  be disposed of pursuant to s. 715.109.

  5         (Insert here the statement required by subsection (2))

  6         Dated:....                ...(Signature of landlord)...

  7         ...(Type or print name of landlord)...

  8         ...(Telephone number)...

  9         ...(Address)...

10

11         (2)  The notice set forth in subsection (1) shall also

12  contain one of the following statements:

13         (a)  "If you fail to reclaim the property, it will be

14  sold at a public sale after notice of the sale has been given

15  by publication.  You have the right to bid on the property at

16  this sale.  After the property is sold and the costs of

17  storage, advertising, and sale are deducted, the remaining

18  money will be paid over to the county.  You may claim the

19  remaining money at any time within 1 year after the county

20  receives the money."

21         (b)  "Because this property is believed to be worth

22  less than $500 $250, it may be kept, sold, or destroyed

23  without further notice if you fail to reclaim it within the

24  time indicated above."

25         Section 5.  Subsection (1) of section 715.109, Florida

26  Statutes, is amended to read:

27         715.109  Sale or disposition of abandoned property.--

28         (1)  If the personal property described in the notice

29  is not released pursuant to s. 715.108, it shall be sold at

30  public sale by competitive bidding.  However, if the landlord

31  reasonably believes that the total resale value of the

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    Florida House of Representatives - 2001                 HB 595

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  1  property not released is less than $500 $250, she or he may

  2  retain such property for her or his own use or dispose of it

  3  in any manner she or he chooses.  Nothing in this section

  4  shall be construed to preclude the landlord or tenant from

  5  bidding on the property at the public sale.  The successful

  6  bidder's title is subject to ownership rights, liens, and

  7  security interests which have priority by law.

  8         Section 6.  This act shall take effect July 1, 2001.

  9

10            *****************************************

11                          SENATE SUMMARY

12    Revises provisions relating to landlords and tenants.
      Increases the time limit within which a landlord must
13    return a security deposit. Exempts certain landlords from
      a notice requirement regarding personal property.
14    Increases the value of abandoned property that may be
      kept, sold, or destroyed by a landlord and conforms
15    certain notice provisions to such changes.

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