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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
1
An act relating to electronic delivery of notices 2
between landlords and tenants; creating s. 83.505, 3
F.S.; authorizing a landlord or tenant to 4
electronically deliver notices to the other party if 5
certain conditions are met; requiring an addendum to a 6
rental agreement to be in a specified form; 7
authorizing a party to revoke his or her agreement to 8
electronic delivery without invalidating notices 9
previously sent by e-mail; specifying when such 10
revocation takes effect; authorizing a party to update 11
his or her e-mail address; specifying when such update 12
takes effect; providing that a notice delivered by e -13
mail is deemed delivered at the time the e -mail is 14
sent; providing an exception; requiring the sender of 15
the e-mail to maintain certain information; providing 16
construction; amending ss. 83.49, 83.50, 83.51, 83.56, 17
and 83.575, F.S.; con xforming provisions to changes 18
made by the act; making technical ch anges; providing 19
an effective date. 20
21
Be It Enacted by the Legislature of the State of Florida: 22
23
Section 1. Section 83.505, Florida Statutes, is created to 24
read: 25
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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
83.505 Electronic delivery of notices. — 26
(1) A landlord or tenant may electronically deliver via an 27
e-mail address any notices required under this part to the other 28
party if the parties have signed an addendum to the rental 29
agreement that the parties specifically agree to the electronic 30
delivery of notices and have each provided a valid e -mail 31
address for such purpose, and the addendum conspicuously advises 32
the parties that such election is voluntary and that they may 33
revoke such agreement or update their e -mail addresses at any 34
time. Such addendum must be in substantially the following fo rm: 35
36
Landlord election: 37
Notices from a tenant may contain time -sensitive 38
information about the tenant's housing. The election to 39
receive notices from the tenant by e -mail is voluntary. 40
41
☐ I ...(name)..., the landlord or the landlord's agent, 42
agree to receive notices required by the rental agreement 43
or under part II of chapter 83, Florida Statutes, from the 44
tenant by e-mail. I designate the following e -mail address 45
for receipt of notices from the tenant: ...(landlord's or 46
landlord's agent's e -mail address).... 47
☐ I do not agree to receive notices by e -mail. 48
49
I may revoke my agreement to receive notices by e -mail by 50
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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
providing written notice to the tenant which is effective 51
upon delivery of such written notice and does not affect 52
the validity of any notice tha t was previously sent by e -53
mail. 54
55
I may update my e-mail address designated for electronic 56
delivery at any time by providing written notice to the 57
tenant specifying the new e -mail address, which takes 58
effect upon delivery of such notice. 59
60
Tenant election: 61
62
Notices from a landlord may contain time -sensitive 63
information about a tenant's housing. The election to 64
receive notices from the landlord by e -mail is voluntary. 65
66
☐ I ...(name)..., the tenant, agree to receive notices 67
required by the rental agreement or under part II of 68
chapter 83, Florida Statutes, from the landlord by e -mail. 69
I designate the following e -mail address for receipt of 70
notices from the landlord: ...(tenant's e -mail address).... 71
☐ I do not agree to receive notices by e -mail. 72
73
I may revoke my agreement to receive notices by e -mail by 74
providing written notice to the landlord which is effective 75
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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
upon delivery of such written notice and does not affect 76
the validity of any notice that was previously sent by e -77
mail. 78
79
I may update my e-mail address designated for electronic 80
delivery at any time by providing written notice to the 81
landlord specifying the new e -mail address, which takes 82
effect upon delivery of such notice. 83
84
(2) A party who agrees to electronic delivery may revoke 85
such agreement at an y time by providing written notice to the 86
other party. Such revocation takes effect upon delivery of the 87
written notice to the other party and does not affect the 88
validity of any notice previously sent by e -mail. 89
(3) A party may update the e -mail address designated for 90
electronic delivery at any time by providing written notice to 91
the other party specifying the new e -mail address. The update 92
takes effect upon delivery of the written notice to the other 93
party. 94
(4) A notice sent electronically pursuant to this section 95
is deemed delivered at the time it is sent, unless the e -mail is 96
returned to the sender as undeliverable. 97
(5) The sender of the e -mail must maintain a copy of any 98
notice sent electronically and evidence of the transmission of 99
the e-mail. 100
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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
(6) This section does not preclude service of notices by 101
any other means permitted by law. 102
Section 2. Paragraphs (a) and (d) of subsection (2), 103
paragraph (a) of subsection (3), and subsections (4), (5), (8), 104
and (9) of section 83.49, Florida Statutes, are amended to read: 105
83.49 Deposit money or advance rent; duty of landlord and 106
tenant.— 107
(2) The landlord shall, in the lease agreement or within 108
30 days after receipt of advance rent or a security deposit, 109
give written notice to the tenant which includ es disclosure of 110
the advance rent or security deposit. Subsequent to providing 111
such written notice, if the landlord changes the manner or 112
location in which he or she is holding the advance rent or 113
security deposit, he or she must notify the tenant within 3 0 114
days after the change as provided in paragraphs (a) -(d). The 115
landlord is not required to give new or additional notice solely 116
because the depository has merged with another financial 117
institution, changed its name, or transferred ownership to a 118
different financial institution. This subsection does not apply 119
to any landlord who rents fewer than five individual dwelling 120
units. Failure to give this notice is not a defense to the 121
payment of rent when due. The written notice must: 122
(a) Be given in person or delivered by mail or e-mail in 123
accordance with s. 83.505 to the tenant. 124
(d) Contain the following disclosure: 125
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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
126
YOUR RENTAL AGREEMENT LEASE REQUIRES PAYMENT OF CERTAIN 127
DEPOSITS. THE LANDLORD MAY TRANSFER ADVANCE RENTS TO THE 128
LANDLORD'S ACCOUNT AS THEY ARE D UE AND WITHOUT NOTICE. WHEN YOU 129
MOVE OUT, YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS SO THAT 130
THE LANDLORD CAN SEND YOU NOTICES REGARDING YOUR DEPOSIT. THE 131
LANDLORD MUST PROVIDE YOU WRITTEN MAIL YOU NOTICE IN PERSON, BY 132
MAIL, OR BY E-MAIL IN ACCORDANCE WIT H SECTION 83.505, FLORIDA 133
STATUTES, WITHIN 30 DAYS AFTER YOU MOVE OUT, OF THE LANDLORD'S 134
INTENT TO IMPOSE A CLAIM AGAINST THE DEPOSIT. IF YOU DO NOT 135
REPLY TO THE LANDLORD STATING YOUR OBJECTION TO THE CLAIM WITHIN 136
15 DAYS AFTER RECEIPT OF THE LANDLORD'S WRITTEN NOTICE, THE 137
LANDLORD WILL COLLECT THE CLAIM AND MUST MAIL YOU THE REMAINING 138
DEPOSIT, IF ANY. 139
140
IF THE LANDLORD FAILS TO TIMELY PROVIDE MAIL YOU NOTICE, THE 141
LANDLORD MUST RETURN THE DEPOSIT BUT MAY LATER FILE A LAWSUIT 142
AGAINST YOU FOR DAMAGES. IF YOU FAIL TO TIMELY OBJECT TO A 143
CLAIM, THE LANDLORD MAY COLLECT FROM THE DEPOSIT, BUT YOU MAY 144
LATER FILE A LAWSUIT CLAIMING A REFUND. 145
146
YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE BEFORE 147
FILING A LAWSUIT. GENERALLY, THE P ARTY IN WHOSE FAVOR A JUDGMENT 148
IS RENDERED WILL BE AWARDED COSTS AND ATTORNEY FEES PAYABLE BY 149
THE LOSING PARTY. 150
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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
151
THIS DISCLOSURE IS BASIC. PLEASE REFER TO PART II OF CHAPTER 83, 152
FLORIDA STATUTES, TO DETERMINE YOUR LEGAL RIGHTS AND 153
OBLIGATIONS. 154
155
(3) The landlord or the landlord's agent may disburse 156
advance rents from the deposit account to the landlord's benefit 157
when the advance rental period commences and without notice to 158
the tenant. For all other deposits: 159
(a) Upon the vacating of the premises for ter mination of 160
the rental agreement lease, if the landlord does not intend to 161
impose a claim on the security deposit, the landlord must shall 162
have 15 days to return the security deposit together with 163
interest if otherwise required within 15 days after the 164
termination of the rental agreement. If the landlord intends to 165
impose a claim on the deposit , or the landlord must, within 30 166
days after the termination of the rental agreement, provide 167
shall have 30 days to give the tenant written notice by 168
certified mail to the tenant's last known mailing address or by 169
e-mail in accordance with s. 83.505 of his or her intention to 170
impose a claim on the deposit and the reason for imposing the 171
claim. The written notice must shall contain a statement in 172
substantially the fo llowing form: 173
174
This is a notice of my intention to impose a claim for 175
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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
damages in the amount of .... upon your security deposit, due to 176
..... It is sent to you as required by s. 83.49(3), Florida 177
Statutes. You are hereby notified that you must object in 178
writing to this deduction from your security deposit within 15 179
days after from the time you receive this notice or I will be 180
authorized to deduct my claim from your security deposit. Your 181
objection must be sent to ...(landlord's address).... 182
183
If the landlord fails to give the required written notice within 184
the 30-day period, he or she forfeits the right to impose a 185
claim upon the security deposit and may not seek a setoff 186
against the deposit but may file an action for damages after 187
returning return of the security deposit to the tenant. 188
(4) The provisions of This section does do not apply to 189
transient rentals by hotels or motels as defined in chapter 509 190
or; nor do they apply in those instances in which the amount of 191
rent or deposit, or both, is regulated by law or by rules or 192
regulations of a public body, including public housing 193
authorities and federally administered or regulated housing 194
programs including s. 202, s. 221(d)(3) and (4), s. 236, or s. 8 195
of the National Housing Act, as amended, other than for rent 196
stabilization. With the exception of subsections (3), (5), and 197
(6), this section is not applicable to housing authorities or 198
public housing agencies created pursuant to chapter 421 or other 199
statutes. 200
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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
(5) Except when otherwise provided by the terms o f a 201
written rental agreement lease, any tenant who vacates or 202
abandons the premises before prior to the expiration of the term 203
specified in the rental agreement written lease, or any tenant 204
who vacates or abandons premises which are the subject of a 205
tenancy from week to week, month to month, quarter to quarter, 206
or year to year, must shall give at least 7 days' written notice 207
by certified mail or personal delivery to the landlord before 208
prior to vacating or abandoning the premises which notice must 209
shall include the address where the tenant may be reached. 210
Failure to give such notice relieves shall relieve the landlord 211
of the notice requirement of paragraph (3)(a) but does shall not 212
waive any right the tenant may have to the security deposit or 213
any part of it. 214
(8) Any person licensed under the provisions of s. 215
509.241, unless excluded by the provisions of this part, who 216
fails to comply with the provisions of this part is shall be 217
subject to a fine or to the suspension or revocation of his or 218
her license by the Division of Hotels and Restaurants of the 219
Department of Business and Professional Regulation in the manner 220
provided in s. 509.261. 221
(9) In those cases in which interest is required to be 222
paid to the tenant, the landlord must shall pay directly to the 223
tenant, or credit against the current month's rent, the interest 224
due to the tenant at least once annually. However, a landlord is 225
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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
not required to pay interest to no interest shall be due a 226
tenant who wrongfully terminates his or her tenancy before prior 227
to the end of the rental term. 228
Section 3. Section 83.50, Florida Statutes, is amended to 229
read: 230
83.50 Disclosure of landlord's address. —In addition to any 231
other disclosure required by law, the landlord, or a person 232
authorized to enter int o a rental agreement on the landlord's 233
behalf, shall disclose in writing to the tenant, at or before 234
the commencement of the tenancy, the name and address of the 235
landlord or a person authorized to receive notices and demands 236
in the landlord's behalf. The p erson so authorized to receive 237
notices and demands retains authority until the tenant is 238
notified otherwise. All notices of such names and addresses or 239
changes thereto must shall be delivered to the tenant's 240
residence or, if specified in writing by the ten ant, to any 241
other address, or such notices may be sent by e -mail in 242
accordance with s. 83.505 . 243
Section 4. Paragraph (a) of subsection (2) of section 244
83.51, Florida Statutes, is amended to read: 245
83.51 Landlord's obligation to maintain premises. — 246
(2)(a) Unless otherwise agreed in writing, in addition to 247
the requirements of subsection (1), the landlord of a dwelling 248
unit other than a single -family home or duplex shall, at all 249
times during the tenancy, make reasonable provisions for: 250
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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
1. The extermination of rats, mice, roaches, ants, wood -251
destroying organisms, and bedbugs. If the tenant must vacate 252
When vacation of the premises is required for such 253
extermination, the landlord is not liable for damages but must 254
shall abate the rent. The landlord must pr ovide 7 days' written 255
notice, in person, by mail, or by e -mail in accordance with s. 256
83.505, to the tenant if the tenant must temporarily vacate the 257
premises for a period of time not to exceed 4 days, on 7 days' 258
written notice, if necessary, for extermination pursuant to this 259
subparagraph. A tenant is only required to vacate the premises 260
for a period of time not to exceed 4 days. 261
2. Locks and keys. 262
3. The clean and safe condition of common areas. 263
4. Garbage removal and outside receptacles therefor. 264
5. Functioning facilities for heat during winter, running 265
water, and hot water. 266
Section 5. Subsection (4) of section 83.56, Florida 267
Statutes, is amended to read: 268
83.56 Termination of rental agreement. — 269
(4) The delivery of the written notices required by 270
subsections (1), (2), and (3) shall be by mailing , delivering or 271
delivery of a true copy thereof, e-mailing in accordance with s. 272
83.505, or, if the tenant is absent from the premises, by 273
leaving a copy thereof at the residence. The notice requirements 274
of subsections (1), (2), and (3) may not be waived in the rental 275
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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
agreement lease. 276
Section 6. Subsections (1) and (2) of section 83.575, 277
Florida Statutes, are amended to read: 278
83.575 Termination of ten ancy with specific duration. — 279
(1) A rental agreement with a specific duration may 280
contain a provision requiring the tenant to notify the landlord 281
within a specified period before vacating the premises at the 282
end of the rental agreement, if such provision also requires the 283
landlord to notify the tenant in a manner prescribed by s. 284
83.56(4) within such notice period if the rental agreement will 285
not be renewed.; however, A rental agreement may not require 286
less than 30 days' notice or more than 60 days' notic e from 287
either the tenant or the landlord. 288
(2) A rental agreement with a specific duration may 289
provide that if a tenant fails to give the required notice 290
before vacating the premises at the end of the rental agreement, 291
the tenant may be liable for liquida ted damages as specified in 292
the rental agreement if the landlord provides written notice to 293
the tenant specifying the tenant's obligations under the 294
notification provision contained in the rental agreement lease 295
and the date the rental agreement is termina ted. The landlord 296
must provide such written notice to the tenant in a manner 297
prescribed by s. 83.56(4) within 15 days before the start of the 298
notification period contained in the rental agreement lease. The 299
written notice must shall list all fees, penaltie s, and other 300
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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
charges applicable to the tenant under this subsection. 301
Section 7. This act shall take effect July 1, 2025. 302