HB 281

A bill to be entitled
2An act relating to landlords and tenants; amending s.
383.57, F.S.; revising notice of termination
4requirements for certain tenancies without a specific
5duration; amending s. 83.575, F.S.; revising notice of
6termination requirements for certain tenancies with a
7specific duration; providing rental agreement
8requirements; deleting a provision relating to the
9liability of certain tenants; providing an effective
12Be It Enacted by the Legislature of the State of Florida:
14     Section 1.  Section 83.57, Florida Statutes, is amended to
16     83.57  Termination of tenancy without specific duration
17term.-A tenancy without a specific duration, as defined in s.
1883.46(2) or (3), may be terminated by either party giving
19written notice in the manner provided in s. 83.56(4), as
21     (1)  When the tenancy is from year to year, by giving not
22less than 60 days' notice prior to the end of any annual
24     (2)  When the tenancy is from quarter to quarter, by giving
25not less than 30 days' notice prior to the end of any quarterly
27     (3)  When the tenancy is from month to month, by giving not
28less than 30 15 days' notice prior to the end of any monthly
29period. However, if the tenancy is subject to tenant-based
30rental assistance pursuant to s. 8 of the United States Housing
31Act of 1937, 42 U.S.C. s. 1437f(o), as amended, the tenancy may
32be terminated by giving not less than 60 days' notice prior to
33the end of any monthly period.; and
34     (4)  When the tenancy is from week to week, by giving not
35less than 7 days' notice prior to the end of any weekly period.
36     Section 2.  Section 83.575, Florida Statutes, is amended to
38     83.575  Termination of tenancy with specific duration.-
39     (1)  A rental agreement with a specific duration may
40contain a provision requiring the tenant to notify the landlord
41before vacating the premises at the end of the rental agreement
42and requiring the landlord to notify the tenant in writing if
43the rental agreement will not be renewed; however, a rental
44agreement may not require more than 60 days' notice from the
45tenant or the landlord before vacating the premises.
46     (2)  A rental agreement with a specific duration may
47provide that if a tenant fails to give the landlord the required
48notice before vacating the premises at the end of the rental
49agreement, the tenant may be liable for liquidated damages as
50specified in the rental agreement if the landlord provides
51written notice to the tenant specifying the tenant's obligations
52under the notification provision contained in the lease and the
53date the rental agreement is terminated. The landlord must
54provide such written notice to the tenant within 15 days before
55the start of the notification period contained in the lease. The
56written notice shall list all fees, penalties, and other charges
57applicable to the tenant under this subsection. The rental
58agreement must provide a reciprocal requirement that if the
59landlord fails to give the tenant the required notice that the
60rental agreement will not be renewed, the rental agreement will
61not terminate and the tenant will be entitled to continue
62occupying the premises until the landlord gives the tenant the
63required written notice of nonrenewal of the rental agreement
64and the agreement expires.
65     (3)  If the tenant remains on the premises with the
66permission of the landlord after the rental agreement has
67terminated and fails to give notice required under s. 83.57(3),
68the tenant is liable to the landlord for an additional 1 month's
70     Section 3.  This act shall take effect July 1, 2012.

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