1. BY: Nishad Khan, Esq.
Landlord Tenant Act
Update Effective July 1st
By
Nishad Khan, Esq.
(407) 228-9711
www.NishadKhanLaw.com
2. Legislative History
2012: FL Legislature passed an omnibus of
changes to almost half of the 32 Sections of Part
2, Chapter 83.
Initially sponsored in Senate by Senator Stargel.
Rep. Porter sponsored companion HB 77 with
support of Apartment Owner’s Association.
HB 77, incorporating amendments by the
Senate, passed the House on March
13, 2013, approved by Governor on June
7, 2013, and became effective July 1, 2013.
3. F.S. §83.42: Exclusions from Application of
Part
Currently, §83.42 provides for certain exclusions to
the applicability of Part II (occupancies under
contract)
This bill narrows situations in which properties are
under contract.
The Act will not apply to a contract for sale of a
dwelling unit in which the buyer has paid:
◦ at least 12 months rent, or
◦ In which the buyer has paid at least one months’ rent and a
deposit of at least (5%) of the purchase price of the
property.
4. F.S. §83.42: How Does this Affect You?
Brings certain leases under a purchase agreement
where less than 12 months of rent (or less than 1
month and 5% deposit) within the coverage of the
Act.
By doing so, the remedy of eviction would be
available to parties under a lease/purchase
contract as opposed to ejectment, a potentially
longer cause of action.
5. F.S. §83.48: Attorney Fees
Under F.S. 84.48, Attorney fees may be awarded to the
prevailing party to recover fees from the non prevailing party
in an action to enforce the lease, or provisions of the Act.
Bill’s supporters suggested this section could be used to
award attorneys’ fees in a tenant’s personal injury action
against a landlord for the landlord’s failure to maintain the
dwelling unit in accordance with F.S. 83.51.
Bill codifies Gilbert v. Jabour, 527 So. 2d 951 (Fla. 3d DCA
1988) holding that attorneys’ fees may not be awarded in a
PI claim based on LL’s duty to maintain the premises.
6. F.S. §83.48: How Does This Affect You?
Although the bill prevents shrewd attorneys
from collecting attorney fees through the
Act, the Bill also adds that the right to claim
attorney fees may not be waived in the
lease agreement.
7. §83.49: Deposit Money or Advanced Rent;
Duty of Landlord –Tenant (Disclosure)
The Bill modifies four parts of F.S. 83.49 governing
the treatment of security deposits:
Current Law requires LL to provide written notice
disclosing certain remedies and time limits for
claims on security deposits within 30 days of
receipt of deposit from tenant. Section
83.49(2), F.S.
Bill modifies the notice requirement to eliminate the
requirement that LL provide the special notice, and
provides for a specific disclosure that may now
either be given by notice or included in the lease.
8. §83.49(2): Deposit Money or Advanced Rent;
Duty of Landlord –Tenant- DISCLOSURE
YOUR LEASE REQUIRES PAYMENT OF CERTAIN DEPOSITS. THE
LANDLORD MAY TRANSFER ADVANCE RENT TO THE LANDLORD’S
ACCOUNT AS THEY ARE DUE AND WITHOUT NOTICE. WHEN YOU MOVE
OUT, YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS SO THAT THE
LANDLORD CAN SEND YOU NOTICES REGARDING YOUR DEPOSIT. THE
LANDLORD MUST MAIL YOU NOTICE, WITHIN 30 DAYS AFTER YOU MOVE
OUT, OF THE LANDLORD’S INTENT TO IMPOSE A CLAIM AGAINST THE
DEPOSIT. IF YOU DO NOT REPLY TO THE LANDLORD STATING YOUR
OBJECTION TO THE CLAIM WITHIN 15 DAYS AFTER RECEIPT OF THE
LANDLORD’S NOTICE, THE LANDLORD WILL COLLECT THE CLAIM AND
MUST MAIL YOU THE REMAINING DEPOSIT, IF ANY.
IF THE LANDLORD FAILS TO TIMELY MAIL YOU NOTICE, THE LANDLORD
MUST RETURN THE DEPOSIT BUT MAY LATER FILE A LAWSUIT AGAINST
YOU FOR DAMAGES. IF YOU FAIL TO TIMELY OBJECT TO A CLAIM, THE
LANDLORD MAY COLLECT FROM THE DEPOSIT, BUT YOU MAY LATER FILE
A LAWSUIT CLAIMING A REFUND. YOU SHOULD ATTEMPT TO INFORMALLY
RESOLVE ANY DISPUTE BEFORE FILING A LAW SUIT. GENERALLY, THE
PARTY IN WHOSE FAVOR A JUDGMENT IS RENDERED WILL BE AWARDED
COSTS AND ATTORNEY FEES PAYABLE BY THE LOSING PARTY. THIS
DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF CHAPTER 83, TO
DETERMINE YOUR LEGAL RIGHTS AND OBLIGATIONS.
9. §83.49(2): Deposit Money or Advanced Rent;
Duty of Landlord –Tenant (Advanced Rent)
Currently, the LL must deposit advance rent into a
separate account.
Current law is silent as to whether the LL must give
notice and opportunity to object before paying
advance rent held separately.
The Bill now states that a landlord may withdraw
advance rent held in a separate deposit account if
due under the rental agreement without notice to
the tenant.
10. §83.49(2): Deposit Money or Advanced Rent;
Duty of Landlord –Tenant (Claims)
Section 83.49(3)(a) provides that a tenant has 15
days to object to LL’s deduction of security deposit
amounts after receipt of LL’s notice.
Current law is unclear as to whether a LL loses its
right to file action against tenant for damages if the
LL fails to send a timely notice of claim against the
deposit.
11. §83.49(2): Deposit Money or Advanced Rent;
Duty of Landlord –Tenant (Claims)
The Bill codifies current case law in Durene v.
Alcime, 448 So.2d 1208:
A landlord who fails to provide timely written notice
of a claim against the deposit must return the
deposit, but may file a later action for damages.
12. §83.49(2): Deposit Money or Advanced Rent;
Duty of Landlord –Tenant (Objections)
Currently, the tenant who fails to object to LL’s
withholding of all or part of the deposit within 15
days of receipt of LL’s notice of intent to withhold
loses its right to object to the withholding.
The Bill now provides that the tenant retains the
right to pursue damages in a separate action
against the landlord.
13. §83.49(2): Deposit Money or Advanced Rent;
Duty of Landlord –Tenant (Transfers)
Current law requires LL to transfer deposits to a new owner of
the property.
In practice, some LL’s, especially ones who have been
foreclosed on, neglect to transfer the deposit to the new owner.
In order to protect tenants from the burden of proving that new
owner of the property has received the tenant’s deposit from the
prior LL, the Bill creates a rebuttable presumption that the new
owner has received the deposit, but the presumption is limited to
one month’s rent.
The burden is shifted to the new LL to prove the deposit amount.
Tenant is presumed to have deposited one months rent in that
instance.
Example: Situation where the prior LL neglects to transfer the
deposit or a dispute as to the transferred amount occurs.
14. §83.49(2): Deposit Money or Advanced Rent;
Duty of Landlord –Tenant (Form Leases)
To accommodate LL’s with stocks of preprinted leases forms
complying with current law, the Bill creates a new section
providing that leases entered into on or before December
31, 2013, the LL may elect to comply with the current
statutory disclosure requirements or the new disclosure
requirements under the bill.
