Senate Bill sb0838

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    Florida Senate - 2001                                   SB 838

    By Senator Saunders





    25-408-01

  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, 715.109, F.S.; increasing the value of

10         abandoned personal property that may be kept,

11         sold, or destroyed by a landlord; conforming

12         notice provisions; providing an effective date.

13

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

15

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

17  Statutes, is amended to read:

18         83.49  Deposit money or advance rent; duty of landlord

19  and tenant.--

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

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

22  to return the security deposit together with interest if

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

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

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

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

27  shall contain a statement in substantially the following form:

28

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

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

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

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

  2  writing to this deduction from your security deposit within 15

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

  4  authorized to deduct my claim from your security deposit.

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

  6

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

  8  30-day 15-day period, he or she forfeits the right to impose a

  9  claim upon the security deposit.

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

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

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

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

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

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

16  impose a claim for damages.

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

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

19  security deposit, the prevailing party is entitled to receive

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

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

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

23  business entity authorized to conduct business in this state,

24  including Florida-licensed real estate brokers and

25  salespersons, shall constitute compliance with all other

26  relevant Florida Statutes pertaining to security deposits held

27  pursuant to a rental agreement or other landlord-tenant

28  relationship.  Enforcement personnel shall look solely to this

29  section to determine compliance.  This section prevails over

30  any conflicting provisions in chapter 475 and in other

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

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  1  licensed real estate brokers to disburse security deposits and

  2  deposit money without having to comply with the notice and

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

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

  5  Statutes, is amended to read:

  6         83.67  Prohibited practices.--

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

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

  9  windows of the unit except for purposes of maintenance,

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

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

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

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

14  agreement separate from the rental agreement, upon surrender

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

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

17  responsible for storage or disposition of the tenant's

18  personal property; if provided in the rental agreement there

19  must shall be printed or clearly stamped on such rental

20  agreement a legend in substantially the following form:

21

22  BY SIGNING THIS RENTAL AGREEMENT THE TENANT AGREES THAT UPON

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

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

25  DISPOSITION OF THE TENANT'S PERSONAL PROPERTY.

26

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

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

29         Section 3.  Section 715.105, Florida Statutes, is

30  amended to read:

31         715.105  Form of notice to former tenant.--

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

  2  substantially the following form satisfies the requirements of

  3  s. 715.104:

  4

  5         Notice of Right to Reclaim Abandoned Property

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

  7    ...(Address of former tenant)...

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

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

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

11  of personal property)....

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

13  property may be claimed)....

14         Unless you pay the reasonable costs of storage and

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

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

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

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

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

20  be disposed of pursuant to s. 715.109.

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

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

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

24         ...(Telephone number)...

25         ...(Address)...

26

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

28  contain one of the following statements:

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

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

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

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

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

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

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

  5  receives the money."

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

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

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

  9  time indicated above."

10         Section 4.  Section 715.106, Florida Statutes, is

11  amended to read:

12         715.106  Form of notice to owner other than former

13  tenant.--

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

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

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

17  abandoned personal property satisfies the requirements of s.

18  715.104:

19

20         Notice of Right to Reclaim Abandoned Property

21         To:  ...(Name)...

22    ...(Address)...

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

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

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

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

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

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

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

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

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

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

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

  3  be disposed of pursuant to s. 715.109.

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

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

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

  7         ...(Telephone number)...

  8         ...(Address)...

  9

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

11  contain one of the following statements:

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

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

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

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

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

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

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

19  receives the money."

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

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

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

23  time indicated above."

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

25  Statutes, is amended to read:

26         715.109  Sale or disposition of abandoned property.--

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

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

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

30  reasonably believes that the total resale value of the

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

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    Florida Senate - 2001                                   SB 838
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  1  retain such property for her or his own use or dispose of it

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

  3  shall be construed to preclude the landlord or tenant from

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

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

  6  security interests which have priority by law.

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

  8

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10                          SENATE SUMMARY

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

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