Landlord submitted to the Court an addendum to the rental agreement in the form of a notarized affidavit signed by the Tenants in which the parties agreed that “if the tenant does not pay on a timely basis, she agrees to vacate the premises immediately, without going through the eviction process.”
This Court ruled that the addendum to the rental agreement is unenforceable as a matter law for the reason that § 83.47(1)(a), Fla. Stat. states “a provision in a rental agreement is void and unenforceable to the extent that it purports to waive or preclude the rights, remedies, or requirements set forth in this part.”
Any provision in a residential rental agreement which purports to waive the tenant’s right to access to the courthouse and the tenant’s rights to procedural and substantive due process process of law is clearly against public policy and is unenforceable by the courts.
CRISTIANO vs. ROBINSON,. County Court, 9th Judicial Circuit in and for Orange County, Civil Division. Case No. 2012-CC-013115-O, Division 73. October 23, 2012. Faye Allen, Judge.
Online Reference: FLWSUPP 2002CRIS