Florida Sentate Bill 2428 \ House Bill 1311 An Act relating to Landlord Tenant Bills introduced in the Florida Legislature this year

Domestic Violence Lease Termination Bill is introduced in the Florida Legislature

A new bill was introduced in the Florida Senate called Residential Tenancies/Violence

and which provides for the early termination of lease if the tenant is a victim of domestic violence. The bill, Senate Bill 666 and House Bill 5, would become Florida Statute 83.683 and become effective 07/01/2006. The bill provides that when the tenant has obtained a permanent injunction against someone for domestic violence, the tenant may terminate their lease by serving the landlord a notice of termination within 15 days of obtaining the permanent injunction. The lease remains in effect for the remaining tenants. The victim tenant may then surrender possession within 30 days of providing the notice of termination. The landlord must then issue any claim against the security deposit to each tenant individually. If the abuser is also a tenant, the abuser bears sole responsibility for any damages to the leased premises caused by the domestic violence. This bill specifically does not affect the landlord’s ability to evict for lease violation or unlawful activity. Additionally, the landlord may still consider the property abandoned if the property is still vacant 15 days after the victim tenant vacates and the rent is delinquent.

The bill was introduced by Nan Rich (D) District 34 Southwest Broward County & Northwest Miami Dade County; (CO-INTRODUCERS) Haridopolos; Smith; Lynn; Geller; Bennett. You may send any comments to Senator Rich at her offices:

Last action on the bill: now in Judiciary.

In the house version of the bill introduced by Rep.  Anne  M.  "Annie"  Gannon of Palm Beach County District 86 (co-sponsors Bucher and Machek) the victim may not terminate a lease unless the tenant furnishes the landlord a sworn statement that there are no co-tenants or other parties other than the abuser upon whom the termination will create a financial loss or hardship, unless the cotenant or other party agrees to release of the victim. The House bill also only applied to landlords who own more than 10 dwelling units throughout the state or for a lease on property for which that landlord owns more than 4 contiguous units.

Liquidated Damages Bill

Senate Bill 636 introduced By Senator Charlie Clary (R) of Bay, Escambia, Okaloosa, Santa Rosa, and Walton counties modifies Section 83.595 Florida Statutes to permit a landlord to add an early termination fee in the lease of up to two months rent or the balance of the lease rent, whichever is less.

The House version of the bill HB 0673, also provides that the landlord may charge the tenant for any rental concessions he received if the tenant vacates before the end of the lease and provides the landlord is entitled to an entire month’s rent where the tenant vacates partway through the month.

You the reader are invited to respond with your comments as to how this will affect investors on our web group site http://finance.groups.yahoo.com/group/browardlandlords