| 1 | A bill to be entitled |
| 2 | An act relating to residential tenancies; amending s. |
| 3 | 83.43, F.S.; revising and providing definitions; amending |
| 4 | s. 83.56, F.S.; revising language with respect to waiver |
| 5 | of the right to terminate a rental agreement or bring a |
| 6 | civil action for noncompliance; amending s. 83.595, F.S.; |
| 7 | allowing a landlord to terminate a rental agreement and |
| 8 | recover liquidated damages or charge the tenant an early |
| 9 | termination fee for breach of the agreement, or both, |
| 10 | under certain circumstances; requiring the tenant to |
| 11 | indicate acceptance of an early termination fee or |
| 12 | liquidated-damages provision in the rental agreement in |
| 13 | order for the provision to take effect; providing a limit |
| 14 | on the combined total of damages and fee; providing |
| 15 | liability of the tenant for rent, other charges otherwise |
| 16 | due, and rental concessions; providing an effective date. |
| 17 |
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| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
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| 20 | Section 1. Subsection (7) of section 83.43, Florida |
| 21 | Statutes, is amended, and subsection (17) is added to that |
| 22 | section, to read: |
| 23 | 83.43 Definitions.--As used in this part, the following |
| 24 | words and terms shall have the following meanings unless some |
| 25 | other meaning is plainly indicated: |
| 26 | (7) "Rental agreement" means any written agreement, |
| 27 | including amendments or addenda, or oral agreement if for a less |
| 28 | duration of less than 1 year, providing for use and occupancy of |
| 29 | premises. |
| 30 | (17) "Early termination fee" means any charge, fee, or |
| 31 | forfeiture that is provided for in a written rental agreement |
| 32 | and is assessed to a tenant when a tenant vacates a dwelling |
| 33 | unit before the end of the rental agreement. An early |
| 34 | termination fee does not include: |
| 35 | (a) Unpaid rent through the end of the month in which the |
| 36 | tenant occupied the dwelling unit. |
| 37 | (b) Charges for damages to the dwelling unit. |
| 38 | Section 2. Subsection (5) of section 83.56, Florida |
| 39 | Statutes, is amended to read: |
| 40 | 83.56 Termination of rental agreement.-- |
| 41 | (5) If the landlord accepts rent with actual knowledge of |
| 42 | a noncompliance by the tenant or accepts performance by the |
| 43 | tenant of any other provision of the rental agreement that is at |
| 44 | variance with its provisions, or if the tenant pays rent with |
| 45 | actual knowledge of a noncompliance by the landlord or accepts |
| 46 | performance by the landlord of any other provision of the rental |
| 47 | agreement that is at variance with its provisions, the landlord |
| 48 | or tenant waives his or her right to terminate the rental |
| 49 | agreement or to bring a civil action for that noncompliance, but |
| 50 | not for any subsequent or continuing noncompliance. Any tenant |
| 51 | who wishes to defend against an action by the landlord for |
| 52 | possession of the unit for noncompliance of the rental agreement |
| 53 | or of relevant statutes shall comply with the provisions in s. |
| 54 | 83.60(2). The court may not set a date for mediation or trial |
| 55 | unless the provisions of s. 83.60(2) have been met, but shall |
| 56 | enter a default judgment for removal of the tenant with a writ |
| 57 | of possession to issue immediately if the tenant fails to comply |
| 58 | with s. 83.60(2). This subsection does not apply to that portion |
| 59 | of rent subsidies or operating subsidies received from a local, |
| 60 | state, or national government or an agency of local, state, or |
| 61 | national government; however, waiver will occur if the landlord |
| 62 | does not serve initial statutory and regulatory notice to the |
| 63 | tenant of the noncompliance an action has not been instituted |
| 64 | within 45 days after the landlord has discovered, or should have |
| 65 | reasonably discovered, of the noncompliance and instituted the |
| 66 | action within 15 days after expiration of the notice attached to |
| 67 | the complaint and exhaustion of all hearing rights. |
| 68 | Section 3. Section 83.595, Florida Statutes, is amended to |
| 69 | read: |
| 70 | 83.595 Choice of remedies upon breach or early termination |
| 71 | by tenant.-- |
| 72 | (1) If the tenant breaches the rental agreement lease for |
| 73 | the dwelling unit and the landlord has obtained a writ of |
| 74 | possession, or the tenant has surrendered possession of the |
| 75 | dwelling unit to the landlord, or the tenant has abandoned the |
| 76 | dwelling unit, the landlord may: |
| 77 | (1)(a) Treat the rental agreement lease as terminated and |
| 78 | retake possession for his or her own account, thereby |
| 79 | terminating any further liability of the tenant; or |
| 80 | (2)(b) Retake possession of the dwelling unit for the |
| 81 | account of the tenant, holding the tenant liable for the |
| 82 | difference between the rent rental stipulated to be paid under |
| 83 | the rental lease agreement and what, in good faith, the landlord |
| 84 | is able to recover from a reletting. If the landlord retakes |
| 85 | possession, the landlord has a duty to exercise good faith in |
| 86 | attempting to relet the premises, and any rent received by the |
| 87 | landlord as a result of the reletting shall be deducted from the |
| 88 | balance of rent due from the tenant. For purposes of this |
| 89 | subsection, the term "good faith in attempting to relet the |
| 90 | premises" means that the landlord uses at least the same efforts |
| 91 | to relet the premises as were used in the initial rental or at |
| 92 | least the same efforts as the landlord uses in attempting to |
| 93 | rent other similar rental units but does not require the |
| 94 | landlord to give a preference in renting the premises over other |
| 95 | vacant dwelling units that the landlord owns or has the |
| 96 | responsibility to rent; or |
| 97 | (3)(c) Stand by and do nothing, holding the lessee liable |
| 98 | for the rent as it comes due; or |
| 99 | (4) If liquidated damages or an early termination fee is |
| 100 | provided for in the rental agreement, treat the rental agreement |
| 101 | as terminated and recover liquidated damages or charge an early |
| 102 | termination fee upon the tenant's giving notice. This remedy is |
| 103 | available only if the tenant, at the time the rental agreement |
| 104 | was made, indicated acceptance of liquidated damages or an early |
| 105 | termination fee by placing his or her signature or initials next |
| 106 | to the provision in the agreement. If acceptance is not |
| 107 | indicated, only the remedies available in subsection (1), |
| 108 | subsection (2), or subsection (3) apply. |
| 109 | (a) The landlord is entitled to both liquidated damages |
| 110 | and an early termination fee if the combined total charge does |
| 111 | not exceed an amount equal to 2 months' rent. |
| 112 | (b) In addition to liquidated damages or an early |
| 113 | termination fee, the landlord may charge the tenant for any |
| 114 | unpaid rent and other charges due under the rental agreement |
| 115 | through the end of the month in which the landlord retakes |
| 116 | possession of the dwelling unit and any rent concessions that |
| 117 | the tenant has received up to the maximum of 1 month's rent. For |
| 118 | purposes of this paragraph, the term "rent concessions" means |
| 119 | any amount contained in the rental agreement by which all or a |
| 120 | portion of the base rent is reduced in consideration for the |
| 121 | tenant's entering into the rental agreement. |
| 122 | (c) This subsection does not apply if the breach is |
| 123 | failure to give notice as provided in s. 83.575. |
| 124 | (2) If the landlord retakes possession of the dwelling |
| 125 | unit for the account of the tenant, the landlord has a duty to |
| 126 | exercise good faith in attempting to relet the premises, and any |
| 127 | rentals received by the landlord as a result of the reletting |
| 128 | shall be deducted from the balance of rent due from the tenant. |
| 129 | For purposes of this section, "good faith in attempting to relet |
| 130 | the premises" means that the landlord shall use at least the |
| 131 | same efforts to relet the premises as were used in the initial |
| 132 | rental or at least the same efforts as the landlord uses in |
| 133 | attempting to lease other similar rental units but does not |
| 134 | require the landlord to give a preference in leasing the |
| 135 | premises over other vacant dwelling units that the landlord owns |
| 136 | or has the responsibility to rent. |
| 137 | Section 4. This act shall take effect upon becoming a law. |