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PO Box 1212 Tampa, FL 33601 Pinellas Updated November 2024
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RETURN TO NEWS INDEX Lawmakers OK Double Of Renters' Penalty TALLAHASSEE - Apartment residents may want to think twice before breaking their leases: Florida lawmakers on Tuesday overwhelmingly approved a proposal that would allow landlords to charge tenants two months' rent for doing that. The bill now makes its way to the governor. The bill lets landlords charge a termination fee of two months' rent if a tenant breaks a lease early. The charges would occur even if a landlord has found another tenant for the unit. Tenants also may face additional costs to pay back concessions such as laundry, cable or rug cleaning. The House passed the bill by a 101-14 vote. The Senate passed it 36-0. Sen. Arthenia Joyner, a Tampa Democrat, pitched the bill on behalf of the Florida Apartment Association. She said amending the Florida Residential Landlord and Tenant Act, enacted in 1973, will "clear up a gray area" for people wishing to break their leases. Landlords have three options when a tenant breaches a rental agreement: charge the renter nothing for breaking the lease, hold the renter liable until a new tenant is found, or do nothing and continue charging rent as it comes due. If landlords choose to seek a new tenant and take renters off the hook when one is found, they are not allowed to receive double rent by overlapping fees. With the new option, rent money could overlap. Tenants would have to agree to the new stipulation when they sign their leases. Though they might fare worse in some cases, they might save money in others, said Ron Book, a lawyer and lobbyist for the apartment association. "There are many instances where a landlord could make out worse," Book said. "Not all landlords will include this provision in leases." Many will, though, and landlords will be able to decline renting units to people who refuse to agree. Rep. Matthew Meadows, a Fort Lauderdale Democrat who was one of the 14 House members voting against the measure, said the "double rent bill" is a bad idea, particularly for less affluent tenants who already have trouble paying the rent. "It's a double whammy on the renters," he said. "With our affordable housing crisis, we should be looking to give renters a break. This just places another section in the statutes which is going to put an undue burden on them." Rep. Pat Patterson, the bill's House sponsor, said it remains unclear how many landlords would use the new option. He said, though, it's better than some other options, offering a chance to help landlords and tenants. "The landlord could, in current law, leave the place vacant and keep charging rent," said Patterson, a DeLand Republican. "This gives the tenant the knowledge that they know what it takes to break a lease." It also gives landlords an opportunity to make money while fixing up the rental unit before putting it back on the market, Joyner said. Book said landlords have sought the changes for the past two years. "It seems only logical," he said. "Sometimes they're going to win, and sometimes they're going to lose. But this creates specifics for a landlord and a tenant." The bill next heads to Gov. Charlie Crist, a renter himself. The governor would not comment Tuesday on specifics of the bill. The change would take effect for leases written after the legislation was signed into law. Reporter Josh Poltilove can be reached at (850) 222-8382 or jpoltilove@tampatrib.com. |
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