Florida 2022 Regular Session

Florida House Bill H1485 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 1485 2022
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to a landlord's obligation to maintain 2
16	16	residential premises; amending s. 83.51, F.S.; 3
17	17	requiring certain landlords to provide functioning 4
18	18	facilities for air-conditioning; requiring certain 5
19	19	state or local agencies to provide a landlord with 6
20	20	written notice of certain deficiencies within a 7
21	21	dwelling unit or its premises; requiring such agency 8
22	22	to provide a certain written notice to certain tenant s 9
23	23	upon request; requiring the landlord to provide a 10
24	24	tenant with written notice of certain deficiencies; 11
25	25	requiring a landlord to bring certain deficiencies 12
26	26	into compliance with code within a specified time; 13
27	27	providing that a tenant is entitled to withhold re nt 14
28	28	until such deficiency is brought into compliance with 15
29	29	code; providing that a tenant is liable for a certain 16
30	30	amount of rent for a specified period after the 17
31	31	deficiency is brought into compliance; providing that 18
32	32	rent is suspended and a tenant is not liabl e for 19
33	33	certain rent if the agency requires a tenant to vacate 20
34	34	the premises or dwelling unit until certain 21
35	35	deficiencies are brought into compliance with code; 22
36	36	providing that a landlord is liable for a certain 23
37	37	percentage of a tenant's expenses to vacate the 24
38	38	premises or dwelling unit for a certain period of 25
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	time; providing that rent is suspended and that a 26
52	52	tenant is liable for a certain amount of rent for a 27
53	53	specified period after the deficiency is brought into 28
54	54	compliance; specifying how the date of compliance i s 29
55	55	determined, which must be confirmed by the agency, and 30
56	56	if it is not confirmed the tenant's rent remains 31
57	57	discounted; authorizing a tenant to provide written 32
58	58	notice to the landlord within a specified time that 33
59	59	includes quotes in order to complete or contra ct to 34
60	60	complete repairs and maintenance under certain 35
61	61	circumstances; authorizing a tenant to withhold rent, 36
62	62	after providing written notice to the landlord, until 37
63	63	the landlord takes certain actions; specifying methods 38
64	64	of providing written notice; providing a n effective 39
65	65	date. 40
66	66	41
67	67	Be It Enacted by the Legislature of the State of Florida: 42
68	68	43
69	69	Section 1. Paragraph (a) of subsection (2) of section 44
70	70	83.51, Florida Statutes, is amended, and subsections (5), (6), 45
71	71	and (7) are added to that section, to read: 46
72	72	83.51 Landlord's obligation to maintain premises. — 47
73	73	(2)(a) Unless otherwise agreed in writing, in addition to 48
74	74	the requirements of subsection (1), the landlord of a dwelling 49
75	75	unit other than a single -family home or duplex shall, at all 50
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	times during the tenancy, ma ke reasonable provisions for: 51
89	89	1. The extermination of rats, mice, roaches, ants, wood -52
90	90	destroying organisms, and bedbugs. When vacation of the premises 53
91	91	is required for such extermination, the landlord is not liable 54
92	92	for damages but shall abate the rent. Th e tenant must 55
93	93	temporarily vacate the premises for a period of time not to 56
94	94	exceed 4 days, on 7 days' written notice, if necessary, for 57
95	95	extermination pursuant to this subparagraph. 58
96	96	2. Locks and keys. 59
97	97	3. The clean and safe condition of common areas. 60
98	98	4. Garbage removal and outside receptacles therefor. 61
99	99	5. Functioning facilities for air-conditioning, heat 62
100	100	during winter, running water, and hot water. 63
101	101	(5) If the state or local agency responsible for making 64
102	102	inspections or enforcing the codes within its ju risdiction finds 65
103	103	that a dwelling unit or the premises are not in compliance with 66
104	104	applicable building, housing, or health codes as required under 67
105	105	paragraph (1)(a), the agency must provide to the landlord 68
106	106	written notice identifying the deficiencies. Upon req uest by a 69
107	107	tenant who has executed a written rental agreement for a term of 70
108	108	45 days or longer or a tenant whose tenancy is month to month 71
109	109	after the expiration of a rental agreement that was for a term 72
110	110	of at least 1 year, the agency must provide to the tenan t a 73
111	111	written notice identifying the deficiencies that affect the 74
112	112	habitability of the dwelling unit or premises that he or she 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	occupies. 76
126	126	(a) After receipt of a notice from the appropriate state 77
127	127	or local agency, the landlord must provide written notice to t he 78
128	128	tenant of any deficiencies identified in the notice. If a 79
129	129	deficiency does not pose an immediate threat to the safety and 80
130	130	welfare of the tenant, the landlord has 30 days after receipt of 81
131	131	the notice from the agency to bring the deficiency into 82
132	132	compliance with the applicable code. Notwithstanding any 83
133	133	provision in the rental agreement to the contrary, if the 84
134	134	deficiency is not brought into compliance within that time, rent 85
135	135	is automatically suspended and the tenant is not liable for any 86
136	136	future rent or charges until the landlord brings the deficiency 87
137	137	into compliance with code. However, after the landlord has 88
138	138	brought the deficiency into compliance with code, as determined 89
139	139	by the agency that issued the violation, the tenant becomes 90
140	140	liable for up to 50 percent of t he rent that was due during the 91
141	141	period of time when the landlord was correcting the deficiency. 92
142	142	(b) If the appropriate state or local agency determines 93
143	143	that the deficiency poses an immediate threat to the tenant's 94
144	144	safety and welfare, the agency must stat e so in the written 95
145	145	notice to the landlord. After receipt of the notice, the 96
146	146	landlord must provide written notice to the tenant of the 97
147	147	deficiency. 98
148	148	1. If the agency determines that the tenant must vacate 99
149	149	the premises or dwelling unit because of the defici ency, the 100
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155	155	CODING: Words stricken are deletions; words underlined are additions.
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162	162	tenant's rent is suspended and the tenant is not liable for 101
163	163	future rent or charges until the deficiency is brought into 102
164	164	compliance with code, as determined by the agency that issued 103
165	165	the notice to vacate. The landlord is liable for up to 50 104
166	166	percent of the cost incurred, including moving expenses and rent 105
167	167	to secure a new dwelling unit, by the tenant to vacate the 106
168	168	premises or dwelling unit until the date that the deficiency is 107
169	169	brought into compliance or the expiration of the rental 108
170	170	agreement, whichever is earlier. 109
171	171	2. If the agency determines that the tenant does not need 110
172	172	to vacate the premises or dwelling unit because of the 111
173	173	deficiency, rent is automatically suspended and after the 112
174	174	landlord has brought the deficiency into compliance with code, 113
175	175	as determined by the agency that issued the violation, the 114
176	176	tenant is liable for up to 25 percent of the rent that was due 115
177	177	during the period of time when the landlord was correcting the 116
178	178	deficiency. 117
179	179	(c) For purposes of this subsection, the date of 118
180	180	compliance begins on the date that the tenant receives written 119
181	181	notice by the landlord that the deficiency is corrected, which 120
182	182	must be confirmed by the agency. If the agency determines that 121
183	183	the deficiency has not been corrected, then the tenant only 122
184	184	remains liable for the amount of the discounted rent until the 123
185	185	agency confirms that the deficiency is corrected. 124
186	186	(6) If the premises or dwelling unit is in need of repair 125
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199	199	or maintenance for which the landlord is responsible under this 126
200	200	section and the landlord has faile d or refused to make such 127
201	201	repairs or maintenance, the tenant may provide written notice to 128
202	202	the landlord within 15 days after the tenant is aware of the 129
203	203	problem and include quotes to complete such repairs or 130
204	204	maintenance. Upon providing such written notice t o the landlord, 131
205	205	the tenant may withhold payment of rent for the next rental 132
206	206	period and thereafter until the landlord: 133
207	207	(a) Completes the repairs or maintenance needed and 134
208	208	required, if necessary. 135
209	209	(b) Reimburses the tenant for any expenses the tenant 136
210	210	spent completing or contracting to complete the repairs or 137
211	211	maintenance. 138
212	212	(7) For purposes of this section, written notice may be 139
213	213	provided by certified mail, return receipt requested, or in the 140
214	214	form of communication most regularly used by the parties, 141
215	215	including, but not limited to, e -mail, facsimile, or messages 142
216	216	delivered via text message or some other messaging application. 143
217	217	Section 2. This act shall take effect July 1, 2022. 144