Bill Text: FL H0281 | 2012 | Regular Session | Introduced

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Bill Title: Landlords and Tenants

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2012-03-09 - Died in Civil Justice Subcommittee [H0281 Detail]

Download: Florida-2012-H0281-Introduced.html

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HB 281

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.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
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
40	contain a provision requiring the tenant to notify the landlord
41	before vacating the premises at the end of the rental agreement
42	and requiring the landlord to notify the tenant in writing if
43	the 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
47	provide that if a tenant fails to give the landlord the required
48	notice before vacating the premises at the end of the rental
49	agreement, the tenant may be liable for liquidated damages as
50	specified in the rental agreement if the landlord provides
51	written notice to the tenant specifying the tenant's obligations
52	under the notification provision contained in the lease and the
53	date the rental agreement is terminated. The landlord must
54	provide such written notice to the tenant within 15 days before
55	the start of the notification period contained in the lease. The
56	written 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.

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