Florida Senate - 2012                                    SB 1082
       By Senator Braynon
       33-00440A-12                                          20121082__
    1                        A bill to be entitled                      
    2         An act relating to landlords and tenants; amending s.
    3         83.57, F.S.; revising notice of termination
    4         requirements for certain tenancies without a specific
    5         duration; amending s. 83.575, F.S.; revising notice of
    6         termination requirements for certain tenancies with a
    7         specific duration; providing rental agreement
    8         requirements; deleting a provision relating to the
    9         liability of certain tenants; providing an effective
   10         date.
   12  Be It Enacted by the Legislature of the State of Florida:
   14         Section 1. Section 83.57, Florida Statutes, is amended to
   15  read:
   16         83.57 Termination of tenancy without specific duration
   17  term.—A tenancy without a specific duration, as defined in s.
   18  83.46(2) or (3), may be terminated by either party giving
   19  written notice in the manner provided in s. 83.56(4), as
   20  follows:
   21         (1) When the tenancy is from year to year, by giving not
   22  less than 60 days’ notice prior to the end of any annual
   23  period.;
   24         (2) When the tenancy is from quarter to quarter, by giving
   25  not less than 30 days’ notice prior to the end of any quarterly
   26  period.;
   27         (3) When the tenancy is from month to month, by giving not
   28  less than 30 15 days’ notice prior to the end of any monthly
   29  period. However, if the tenancy is subject to tenant-based
   30  rental assistance pursuant to s. 8 of the United States Housing
   31  Act of 1937, 42 U.S.C. s. 1437f(o), as amended, the tenancy may
   32  be terminated by giving not less than 60 days’ notice prior to
   33  the end of any monthly period.; and
   34         (4) When the tenancy is from week to week, by giving not
   35  less than 7 days’ notice prior to the end of any weekly period.
   36         Section 2. Section 83.575, Florida Statutes, is amended to
   37  read:
   38         83.575 Termination of tenancy with specific duration.—
   39         (1) A rental agreement with a specific duration may contain
   40  a provision requiring the tenant to notify the landlord before
   41  vacating the premises at the end of the rental agreement and
   42  requiring the landlord to notify the tenant in writing if the
   43  rental agreement will not be renewed; however, a rental
   44  agreement may not require more than 60 days’ notice from the
   45  tenant or the landlord before vacating the premises.
   46         (2) A rental agreement with a specific duration may provide
   47  that if a tenant fails to give the landlord the required notice
   48  before vacating the premises at the end of the rental agreement,
   49  the tenant may be liable for liquidated damages as specified in
   50  the rental agreement if the landlord provides written notice to
   51  the tenant specifying the tenant’s obligations under the
   52  notification provision contained in the lease and the date the
   53  rental agreement is terminated. The landlord must provide such
   54  written notice to the tenant within 15 days before the start of
   55  the notification period contained in the lease. The written
   56  notice shall list all fees, penalties, and other charges
   57  applicable to the tenant under this subsection. The rental
   58  agreement must provide a reciprocal requirement that if the
   59  landlord fails to give the tenant the required notice that the
   60  rental agreement will not be renewed, the rental agreement will
   61  not terminate and the tenant will be entitled to continue
   62  occupying the premises until the landlord gives the tenant the
   63  required written notice of nonrenewal of the rental agreement
   64  and the agreement expires.
   65         (3) If the tenant remains on the premises with the
   66  permission of the landlord after the rental agreement has
   67  terminated and fails to give notice required under s. 83.57(3),
   68  the tenant is liable to the landlord for an additional 1 month’s
   69  rent.
   70         Section 3. This act shall take effect July 1, 2012.