by Ricardo L. Gilmore, Esq., Shareholder, Saxon, Gilmore, Carraway & Gibbons, P.A.

You are watching: Fla. stat. ann. § 83.60

Published in FAHROgram, July/August 2013

I delighted in seeing those the you that attended the annual Executive Directors’ Forum critical month. During the session i conducted, I mentioned that even though FAHRO was not as effective as us would have liked with getting far-ranging proposed legislation passed by the Legislature, at the very least one significant change passed during this session. Residence Bill 0077 (2013) endured the House and also the Senate, and Governor Scott signed it into law ~ above June 7. This bill transforms parts of chapter 83, Florida Statutes, i m sorry is the landlord-tenant statute. The new law go into effect on July 1.

Even though the bill renders many transforms to elements of thing 83, F.S., I desire to concentrate on three significant changes to ar 83.56. Together you are no doubt aware, the current subsection 83.56 (5) states:

If the landlord accepts rent v actual understanding of a noncompliance by the tenant or accepts power by the tenant of any other provision of the rental commitment that is at variance through its provisions, or if the tenant payment rent through actual understanding of a noncompliance by the landlord or accepts power by the landlord of any type of other supplication of the rental agreement that is in ~ variance v its provisions, the landlord or tenant waives his or her right to terminate the rental commitment or to lug a civil activity for the noncompliance, however not for any type of subsequent or proceeding noncompliance. Any type of tenant who wishes come defend against an activity by the landlord for possession that the unit for noncompliance the the rental commitment or of appropriate statutes chandelier comply with the provisions in s. 83.60(2). The court may not collection a date for mediation or trial unless the provisions the s. 83.60(2) have actually been met, but shall go into a default judgment for removed of the tenant through a writ of possession come issue automatically if the tenant stops working to comply with s. 83.60(2). This subsection does not use to that portion of rent subsidies got from a local, state, or national government or an company of local, state, or national government; however, waiver will take place if an activity has no been instituted within 45 work of the noncompliance.

Under this subsection, as it at this time is applied, if a housing authority accepts partial rent from a residents with full knowledge the it is no for the complete amount due, the real estate authority waives the appropriate to terminate the rental commitment or to lug a civil activity for eviction. The application of this legislation discourages housing authorities from agree partial payment from residents. The change proposed in the bill provides that a landlord does not waive the best to terminate a rental agreement or to lug a civil activity for noncompliance by accepting partial rent. If accepted, the landlord must administer the tenant with a dated receipt because that the partial payment and, if eviction is sought, place the partial payment in the court’s registry, or it is provided another notification of eviction.

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The bill does no specify if this change applies only to accept of partial rental in nonpayment that rent cases only, or if it applies also to any kind of noncompliance with the rental agreement for i m sorry eviction is sought. Review more…