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SB 1082/HB 281: Landlords and Tenants http://www.flsenate.gov/Session/Bill/2012/1082

GENERAL BILL by Braynon

Landlords and Tenants; Revising notice of termination requirements for certain tenancies without a specific duration; revising notice of termination requirements for certain tenancies with a specific duration; providing rental agreement requirements; deleting a provision relating to the liability of certain tenants, etc.

Location: Filed

Last Action: 11/30/2011 Filed

Effective Date: July 1, 2012

Changes notice of non renewal of a month to month tenancy from 15 days to 30 days ( 60 days if section 8).   Adds requirement for landlord to notify tenant of  intent not to renew written lease 60 days prior to lease expiration,  and upon failing to do so,  the tenant will be permitted to continue to occupy the premises until the notice period has run.    Deletes the penalty of one month rent against tenant who remains on premises after failing to give landlord notice of non-renewal.

HB 921: Landlords and Tenants http://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=48150

General Bill   by Stargel

Last Event: Now in Civil Justice Subcommittee on Wednesday, December 21, 2011 1:25 PM

Effective Date: July 1, 2012

Provides that any party awarded possession of a dwelling unit   in a court case may utilize the F.S. 83.62 “Restoration of possession to landlord.”

Amends the definition of “Occupancy under a contract of sale”  to require that buyer has either paid one month’s advance rent and deposited 5% of the purchase price,  or has paid 12 month’s rent in order to be excluded from the Landlord Tenant Statute.

Provides that no attorneys fees may be awarded in a suit for personal injury against the landlord for failure to maintain the premises.

Eliminating the provision that a tenant’s failure to timely object to the landlord’s claim against their deposit results in the forfeiture of the tenant’s right to object to the landlord’s claim.

Establishing rebuttable presumption that a buyer was credited with any deposits in the possession of a seller, but limiting buyer liability to one month’s rent.

Eliminating the duty of landlord of structure exceeding 3 stories to disclose fire prevention systems.

Eliminating landlord’s duty to provide screens.

Requiring landlord to pay assessments.

Eliminating the requirement of landlord to issue a subsequent notice of  lease violation by tenant within 12 months.

Allowing late fees on 3 Day Notice.

Eliminates waiver of right to enforce rights by landlord accepting partial payment from tenant.

Providing that requirements of notice of non-renewal be reciprocal to both landlord and tenant.

Providing that eviction of tenant who has paid rent to the association constitutes “retaliatory conduct.”

Provides that landlord is not required to disclosure mortgage default to tenant.

Provides that foreclosure against landlord is not grounds for tenant to terminate lease.

SB 586: Foreclosures http://www.flsenate.gov/Session/Bill/2012/586

GENERAL BILL by Fasano

Foreclosures; Providing that the purchaser of a foreclosed residential dwelling unit may not take possession until a specified period after notifying a tenant of the intent to take possession; providing that the tenant may terminate a lease upon receiving the notice; providing requirements for landlords following commencement of a foreclosure action; requiring that the landlord hold the security deposit and advance rent in an interest-earning account in specified circumstances; requiring that the landlord disclose in writing to a prospective tenant a foreclosure action and its possible effects on the tenancy; providing an exception to liability for failure to provide notice; requiring the purchaser in a foreclosure sale to credit the tenant for security deposits and advance rents under certain conditions, etc.

Senate Committee References: Judiciary (JU)Banking and Insurance (BI)Budget (BC)

Location: In committee/council (JU)

Last Action: 11/02/2011 Referred to Judiciary; Banking and Insurance; Budget

Effective Date: July 1, 2012

Creates requirement foreclosure auction buyer may not take possession of, nor may the Clerk of Court issue a writ of possession for said property,  until the purchase has provided any tenant in said property with a 30 day notice by regular US mail.  Any tenant receiving said notice may terminate their lease within 7 days.

Requires a landlord to disclosure the pendency of a foreclosure before execution of a lease.

Imposes liability on a purchaser at foreclosure auction for any deposits made by the tenant to the foreclosed landlord.

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