HB 1489

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. 83.595, F.S.; allowing a landlord to terminate a rental
5	agreement and recover liquidated damages or charge the
6	tenant an early termination fee for breach of the
7	agreement, or both, under certain circumstances; requiring
8	the tenant to indicate acceptance of an early termination
9	fee or liquidated-damages provision in the rental
10	agreement in order for the provision to take effect;
11	providing a limit on the combined total of damages and
12	fee; providing liability of the tenant for unpaid rent;
13	providing an effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  Subsection (7) of section 83.43, Florida
18	Statutes, is amended, and subsection (17) is added to that
19	section, to read:
20	83.43  Definitions.--As used in this part, the following
21	words and terms shall have the following meanings unless some
22	other meaning is plainly indicated:
23	(7)  "Rental agreement" means any written agreement,
24	including amendments or addenda, or oral agreement if for a less
25	duration of less than 1 year, providing for use and occupancy of
26	premises.
27	(17)  "Early termination fee" means any charge, fee, or
28	forfeiture that is provided for in a written rental agreement
29	and is assessed to a tenant when a tenant vacates a dwelling
30	unit before the end of the rental agreement. An early
31	termination fee does not include:
32	(a)  Unpaid rent through the end of the month in which the
33	tenant occupied the dwelling unit.
34	(b)  Charges for damages to the dwelling unit.
35	Section 2.  Section 83.595, Florida Statutes, is amended to
36	read:
37	83.595  Choice of remedies upon breach or early termination
38	by tenant.--
39	(1)  If the tenant breaches the rental agreement lease for
40	the dwelling unit and the landlord has obtained a writ of
41	possession, or the tenant has surrendered possession of the
42	dwelling unit to the landlord, or the tenant has abandoned the
43	dwelling unit, the landlord may:
44	(1)(a)  Treat the rental agreement lease as terminated and
45	retake possession for his or her own account, thereby
46	terminating any further liability of the tenant; or
47	(2)(b)  Retake possession of the dwelling unit for the
48	account of the tenant, holding the tenant liable for the
49	difference between the rent rental stipulated to be paid under
50	the rental lease agreement and what, in good faith, the landlord
51	is able to recover from a reletting. If the landlord retakes
52	possession, the landlord has a duty to exercise good faith in
53	attempting to relet the premises, and any rent received by the
54	landlord as a result of the reletting shall be deducted from the
55	balance of rent due from the tenant. For purposes of this
56	subsection, the term "good faith in attempting to relet the
57	premises" means that the landlord uses at least the same efforts
58	to relet the premises as were used in the initial rental or at
59	least the same efforts as the landlord uses in attempting to
60	rent other similar rental units but does not require the
61	landlord to give a preference in renting the premises over other
62	vacant dwelling units that the landlord owns or has the
63	responsibility to rent; or
64	(3)(c)  Stand by and do nothing, holding the lessee liable
65	for the rent as it comes due; or
66	(4)  If liquidated damages or an early termination fee is
67	provided for in the rental agreement, treat the rental agreement
68	as terminated and recover liquidated damages or charge an early
69	termination fee upon the tenant's giving notice. This remedy is
70	available only if the tenant, at the time the rental agreement
71	was made, indicated acceptance of liquidated damages or an early
72	termination fee by placing his or her signature or initials next
73	to the provision in the agreement. If acceptance is not
74	indicated, only the remedies available in subsection (1),
75	subsection (2), or subsection (3) apply.
76	(a)  The landlord is entitled to both liquidated damages
77	and an early termination fee if the combined total charge does
78	not exceed an amount equal to 2 months' rent.
79	(b)  In addition to liquidated damages or an early
80	termination fee, the landlord may charge the tenant for any
81	unpaid rent due under the rental agreement through the end of
82	the month in which the landlord retakes possession of the
83	dwelling unit.
84	(c)  This subsection does not apply if the breach is
85	failure to give notice as provided in s. 83.575.
86	(2)  If the landlord retakes possession of the dwelling
87	unit for the account of the tenant, the landlord has a duty to
88	exercise good faith in attempting to relet the premises, and any
89	rentals received by the landlord as a result of the reletting
90	shall be deducted from the balance of rent due from the tenant.
91	For purposes of this section, "good faith in attempting to relet
92	the premises" means that the landlord shall use at least the
93	same efforts to relet the premises as were used in the initial
94	rental or at least the same efforts as the landlord uses in
95	attempting to lease other similar rental units but does not
96	require the landlord to give a preference in leasing the
97	premises over other vacant dwelling units that the landlord owns
98	or has the responsibility to rent.
99	Section 3.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.