New law for unauthorized entry and detainer, § 82.036 F.S. Passed and enrolled 3/6/2024
Takes effect July 1, 2024
Cast as an alternative remedy for unlawful entry and detainer, Chapter 82 of Florida Statutes, this new law allows property owners to submit a complaint form promulgated by the statute to the county sheriff demanding the immediate extrajudicial remove of an occupant that is not an immediate family member of the owner and not a current or past tenant. The sheriff may charge the customary fee for a writ of possession.
A person wrongfully removed under the new law has the remedy of suing for damages, triple rent, attorneys fees, and costs.
Additionally enacted is
§806.13 F.S Criminal Mischief: any person who unlawfully detains or trespasses on a residential dwelling causing $1000 or more in intentional damage commits a 2nd degree felony.
§817.03 False Statement to detain real property: any person with the intent to detain real property presenting a false document purporting to be a lease or other conveyance commits a 1st degree misdemeanor.
§817.0311 Fraudulent sale or lease of residential property: any person, who lists or advertises for sale, or who rents a residential property, who does not have title or authority to do so commits a 1st degree felony.
On May 3rd Miami Dade County has enacted a tenant bill of rights taking effect May 13, 2022. This ordinance creates an office of housing advocacy, establishes a tenant helpline and website, and prohibiting unlawful practice by landlords.
You should direct your questions about the new Tenants’ Bill of Rights and the new ordinance that requires 60-day written notices to tenants when the rent is increasing more than 5% or when terminating their month-to-month tenancies. Their contact information is: housingadvocacy@miamidade.gov and (786) 469-4545.
Sec. 17-167 Unlawful Practices
It shall be unlawful for any landlord to:
(1)(a) interrupt any utility service, whether of not the service is under the control of or paid by the landlord.
(1)(b) Attempt to collect rent, evict, or threaten to evict, a tenant from a condominium where landlord is delinquent in paying any monetary obligation to the condominium association and the association has demanded the tenant remit the rent to the association to satisfy the delinquency.
(1)(c) Discrimination, including race, color, religion ancestry, national origin, sex, pregnancy, age, disability, marital status, familial status, gender identity, gender expression, sexual orientation, status as a victim of domestic or dating violence or stalking, or source of income. Victims of discrimination may file a complaint or sue the landlord.
(2) Additional tenant rights. it shall be unlawful for the landlord to”
(2)(a) fail to provide tenant with the tenant’s bill of rights
(2)(b) fail to provide tenant a notice from a government or condominium association that the building may be unsafe within 14 days of receipt of such notice.
(2)(c) provide notice to a month to month tenant of a change of ownership 60 days prior to or concurrent with such change.
(2)(d) inquire about a prospective tenant’s eviction history until they have been determined otherwise qualified.
(2)(e) Evict or threaten to evict a tenant who has made repairs and deducted their cost from the rent if
(i) tenant has issued landlord a 7 day notice to perform the repairs.
(ii) Landlord has failed to make the repairs
(iii) Tenant has obtained at least 2 estimates for the repairs.
(iv) Tenant has receipts and before and after pictures of their repairs
(2)(f) Evict or threaten to evict a tenant for use of the tenant information hotline. A rebuttable presumption of retaliation exists within 60 days of tenant using the hotline.
(2)(g) Retaliate, coerce, intimidate, threaten, harass a tenant or someone who aids a tenant , in the exercise of any right under the tenant bill of rights.
(2)(g) The section applies to lease extensions and renewals.
Sec 17-168 Notice of Tenants’ Rights
Landlord shall provide tenant a Notice of Tenants’ Rights within 10 days of the commencement or renewal of a tenancy.
Tenant shall sign and date receipt of tenant rights within 7 days.
Landlord shall retain the receipt until 60 days after the end of the tenancy.
The above shall apply to the renewal of the tenancy.
The Office of Housing Advocacy may request copies of the receipt from the landlord.
The Office of Housing Advocacy shall provide a downloadable copy of the tenants’ bill of rights in English, Spanish and creole
If tenant does not sign receipt of tenants’ bill of rights, landlord shall document their attempts to get the tenant’s signature.
Sec 17-169 Tenant Information Helpline and Website. The Mayor shall establish a tenant helpline (786-469-4545) , publish it on the county website and in the tenants’ bill of rights, and shall include additional tenant resource information and downloadable Florida Bar forms in English, Spanish, and Creole.ties undertaken pursuant to the tenants’ bill of rights.
The landlord has 60 days to return your security deposit
False: Section 83.49 3 (a) Florida Statute provides that the landlord has 30 days in which to make a claim against tenants security deposit. The claim must be sent by certified mail.
If it’s in the lease, it’s legally binding
False: Section 83.47 1 (a) Florida Statutes provides that no provision of a rental agreement that waives or precludes the rights, remedies, or requirements of Florida Statutes Chapter 83, Residential Tenancies, is void and unenforceable
The landlord can enter your home anytime
Partially True: Section 83.53, Florida Statutes provides that the landlord may enter the rental unit at any time for the protection or preservation of the rental unit. Otherwise the landlord may enter upon 12 hours written notice between 7:30 am and 8:00 pm to make repairs. The landlord may also enter the leased premises for any other lawful purpose where 1) the tenant consents, 2) the tenant unreasonably withholds consent 3) in case of emergency.
The landlord can evict you for any reason
False: The landlord may only file an eviction after the rental agreement has been terminated. The rental agreement is terminated by 1) the expiration of its term 2)Upon the expiration of a 3 day notice demanding payment of the rent 3) upon the expiration of a 7 day notice to cure a lease violation 4) at the end of a monthly rental period after either party has served a 15 day notice of intent not to renew a month to month lease.
The landlord can end your lease early to move in family or to sell the property
False: The landlord has to wait until your rental agreement expires. The sale of the property does not affect the rental agreement.
The landlord can opt-out of repairs
Partially False: Section 83.51, Florida Statutes provides that the landlord has to keep the leased premises up to code. However in a single family home or duplex, the landlords obligation to repair may be waived or altered in writing.
The landlord doesn’t have to rent to someone recovering from drug abuse or who has been arrested
False: The Fair Housing Act protects tenants against discrimination based on a disability — which includes addiction.
HUD guidelines provide that Landlords should update their screening procedures to disregard the following or face charges of discrimination:
1. Arrests
2. Misdemeanor convictions
3. Any adjudication that is other than guilty, such as adjudication withheld, nolle prosse
4. Convictions for possession of drugs or drug paraphernalia.
5. General felony convictions over ten years old ( you should particularize offenses that directly relate to the safety of the leased premises and other tenants)
If you get evicted, you might have to pay a landlord’s court costs
True: Section 83.48, Florida Statues provides that the prevailing party in a landlord tenant suit may recover reasonable attorneys fees and court costs from the non-prevailing party.
Miami-Dade Code of Ordinances Sec. 11A-18.1. – Required notices in connection with application to purchase or rent a dwelling.
(a) Within fifteen (15) days after receipt of any incomplete or incorrectly completed application (or amended application) to purchase or rent a dwelling, the condominium association, homeowners’ association, or cooperative association shall provide the applicant with written notice specifically identifying any and all items in the application that need to be completed or corrected.
(b) Within forty-five (45) days after receipt of a correctly completed application, the condominium association, homeowners’ association, or cooperative association shall either reject or approve the application and shall provide the applicant with written notice of same. If the application is rejected, the written notice must state with specificity each reason for the rejection.
(c)If the condominium association, homeowners’ association, or cooperative association fails to comply with the provisions of Section 11A-18.1 (a) and (b), of this article, the Director or the Commission may send a demand letter requesting that the condominium association, homeowners’ association, or cooperative association, within ten (10) days after the date of the demand letter, provide to the applicant and the Director or the Commission a written acknowledgement of application receipt, notice of approval or rejection of the application, and notice specifying each reason for the rejection (if applicable). The failure of the condominium association, homeowners’ association, or cooperative association to timely comply with this provision may be considered in determining whether reasonable cause exists to believe the association’s decision or action was discriminatory.
OF THE FEDERAL RESERVE SYSTEM
WASHINGTON, D.C. 20551
DIVISION OF CONSUMER
AND COMMUNITY AFFAIRS
CA 18-4 June 22, 2018
TO THE OFFICERS AND MANAGERS IN CHARGE OF CONSUMER AFFAIRS SECTIONS
SUBJECT:
Restoration of the Protecting Tenants at Foreclosure Act
Applicability to Community Banking Organizations: This guidance applies to all institutions supervised by the Federal Reserve, including those with total consolidated assets of $10 billion or less.
This letter provides background information about the recently restored Protecting Tenants at Foreclosure Act of 2009,1 which became effective on June 23, 2018. The law protects tenants from immediate eviction by persons or entities that become owners of residential property through the foreclosure process, and extends additional protections for tenants with U.S. Department of Housing and Urban Development Section 8 vouchers. The law is self-executing; no federal agency has authority to issue regulations implementing the law or to interpret the law.
The fundamental purpose of the law is to ensure that tenants facing eviction from a foreclosed property have adequate time to find alternative housing. To that end, the law establishes a minimum time period that a tenant can remain in a foreclosed property before eviction. The law does not affect any state or local law that provides longer time periods or other additional protections for tenants.
Under the law, the immediate successor in interest at foreclosure must: (a) provide bona fide tenants with 90 days’ notice prior to eviction; and, (b) allow bona fide tenants with leases to occupy property until the end of the lease term, except the lease can be terminated on 90 days’ notice if the unit is sold to a purchaser who will occupy the property. A lease or tenancy is bona fide if the tenant is not the mortgagor or the parent, spouse, or child of the mortgagor, the lease or tenancy is the result of an arms-length transaction, and the lease or tenancy requires rent that is not substantially lower than fair market rent or that is reduced or subsidized due to a Federal, State, or local subsidy. The law does not cover tenants facing eviction in a non-foreclosed property, tenants with a fraudulent lease, tenants who enter in lease agreements after a foreclosure sale, or homeowners in foreclosure. Additionally, the law does not affect the requirements of any State or local law that provides for longer time periods or extends additional protections to tenants.
Consumer compliance examiners will employ risk-focused consumer compliance supervision principles to determine if they should include a review of compliance with the Protecting Tenants at Foreclosure Act in an examination. If compliance with this law is included in the examination scope, examiners will use the attached examination procedures to evaluate an institution’s awareness of the law, its compliance efforts, and its responsiveness to addressing implementation deficiencies.2
Reserve Banks are asked to distribute this letter to supervised institutions in their districts, consumer compliance examiners, and other appropriate supervisory staff. If you have any questions, please contact Amal Patel, Senior Supervisory Consumer Financial Services Analyst, at (202) 912-7879, or Tim Robertson, Manager, at (202) 452-2565. In addition, questions may be sent via the Board’s public website.3
signed by
Carol A. Evans
Associate Director
Division of Consumer
and Community Affairs
Supersedes:
CA 15-4 “Expiration of the Protecting Tenants at Foreclosure Act” (June 10, 2015)
SR 12-5/CA-12-3 “Policy Statement on Rental of Residential Other Real Estate Owned (OREO) Properties” (April 5, 2012)
Notes:
1. Section 304 of the Economic Growth, Regulatory Relief, and Consumer Protection Act of 2018 (Public Law 115-174) restored sections 701-703, and repealed section 704, of the Protecting Tenants at Foreclosure Act of 2009 (Title VII of the Helping Families Save Their Homes Act of 2009, Public Law 111-22), which expired on December 31, 2014. Section 704 contained the Protecting Tenants at Foreclosure Act of 2009’s sunset provisions; the restored act does not include an expiration date. Return to text
2. These are the same examination procedures that consumer compliance examiners used previously to conduct Protecting Tenants at Foreclosure Act of 2009 reviews. Return to text
Our group has frequently discussed the value of using a contract to lease before signing an actual lease. While a contract to lease may serve the purpose of setting out what happens if the application is declined by the HOA or the tenant fails the background check, it can also be abused by realtors for their own personal gains.
A client used a realtor to obtain a tenant, and after six months the tenant offered to purchase the leased premises. About a week before closing the realtor popped up and demanded a 6% commission on the sale.
It turns out that in the boilerplate of the contract to lease was the following provision:
SALES: In the event that the subject property is sold to any tenant or occupant identified in the Lease or any member of their immediate family or any entity in which they have an interest during the term of the Lease (or any renewal, extension or new lease term), Landlord shall pay the Brokers (to be split equally) a sales commission equal to the greater of 6% of the sales price or the amount set forth in Landlord’s listing or other brokerage agreement with Listing Broker. This provision shall survive any subsequent agreement between Landlord and Tenant.
This appears to give the realtor a perpetual right to claim additional commissions every time the tenant renews the lease or purchases the property.
I have seen other versions of this same form bearing the Florida Realtors logo and copyright from Form Simplicity that do not have this clause, so it remains to be determined if this clause is an actual part of the copyrighted form or was added in by this particular realtor. Nevertheless, this highlights the point that realtors generally have no fiduciary duty to their clients. This means that they can legally advance their own interests to the detriment of their clients, as was the case with this life time commission agreement.
Bottom line: you have to read every word of a contract, even the “boilerplate,” or have an attorney review any contract before you sign it.
This ordinances makes it a criminal misdemeanor for the landlord to accept any deposit money from a tenant without having conducted a joint walkthrough inspection of the premises and making a written list of the defects signed by both parties.
Landlords of residential property located in unincorporated Broward County are required to obtain a certificate for $75.00 annually, for each property, disclosing the name and contact information of the owner and landlord, and after the property has been inspected by code enforcement.
SECTION16.5 – 35 DISCRIMINATORY PRACTICES IN REAL ESTATE TRANSACTIONS.
Protected categories: race, color, religion, sex, national origin, age, marital status, political affiliation, familial status, disability, sexual orientation, pregnancy, gender identity or expression, veteran or service member status, lawful source of income, or being the victim of dating violence, domestic violence, or stalking,
Prohibited conduct: to refuse to sell or rent, or negotiate therefore, or to publish any restriction, based on a protected category.
SB 612, HB 479 Leases. Authorizing landlords to perform a level 1 background check on its employees with access to leased premises. Giving tenants a 3 day right of recession on lease/lease renewal and return of deposits upon failure of employee screening.
SB 804, CS/HB 631 providing for summary procedure for possession on an ejectment in Circuit Court.
CS/SB 1400, SB 1640: Vacation Rentals: preempting local regulation of vacation rentals to the State. Requiring licenses, declaring them to be transient occupancies.
HB 1007, Evictions. Deletes requirement that tenant post rent in court registry within five days. Requires court to try the case in 30 days. Deletes requirement that tenant have previously served landlord with 7 day notice to repair before being able to raise repairs as a defense.
The session is now over and none of the bills passed
Below find the residential landlord tenant portion of the 2014 Florida Disaster Assistance Manual for Legal Services Advocates. This is a summary of residential landlord tenant law as may be applicable in the event of a disaster. Florida’s toll-free Disaster Legal Services Hotline Number is 866-550-2929.
Plaintiff’ Condominium Association filed an eviction complaint because the Defendant never obtained approval from the Plaintiff for tenant occupancy within the association.
The condominium association did not have a landlord tenant relationship with the Defendant who is the tenant of an unnamed landlord/owner
The court ruled that since a landlord tenant relationship did not exist between the parties, Plaintiff lacked standing to sue for eviction action pursuant to Chapter 83. Notwithstanding, the fact that an association can seek rent from a tenant of an owner where the owner fails to pay maintenance under §718.116(11)(a), Florida Statutes , in which case a tenant failing to pay rent to the association can then be evicted.
PALM LAKE COOPERATIVE INC. vs. WILSON, . Palm Beach County. 25 Fla. L. Weekly Supp. 194a
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