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CS/HB 1417 — Residential Tenancies
by Judiciary Committee and Reps. Esposito, McClure, and others (CS/CS/SB 1586 by Rules Committee; Judiciary Committee; and Senators Trumbull and Rodriguez)
This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.
Prepared by: Judiciary Committee (JU)
The bill creates s. 83.425, F.S., to preempt to the state the regulation of residential tenancies, the landlord-tenant relationship, and all other matters covered under ch. 83, part II, F.S. It also expressly supersedes any local government regulations on matters covered under ch. 83, part II, F.S. Consequently, the bill renders all existing local government ordinances throughout the state that purport to regulate residential tenancies, the landlord-tenant relationship, or any other matters covered under ch. 83,part II,F.S., null and void.
The bill amends s. 83.57, F.S., which governs the termination of tenancies without specific terms, to increase the number of days’ written notice that a party in a month-to-month tenancy must give the other party before terminating the tenancy, from 15 days to 30 days prior to the end of the monthly period.
The bill also amends s. 83.575, F.S., which governs the termination of tenancies with specific durations. With respect to rental agreements that permit either the landlord or the tenant to terminate the agreement within a specified period at the end of the agreement, the bill revises the amount of notice that the agreement may require from not “more than 60 days’ notice,” to not “less than 30 days’ notice or more than 60 days’ notice,” from either the tenant or the landlord.
If approved by the Governor, or allowed to become law without the Governor’s signature, these provisions take effect July 1, 2023.
Vote: Senate 29-8; House 81-33
I have a comprehensive understanding of the legal aspects surrounding residential tenancies, particularly in relation to the bill discussed in the provided text. My expertise is grounded in a deep knowledge of real estate law, landlord-tenant relationships, and the regulatory framework governing these matters.
In the context of the CS/HB 1417 bill on Residential Tenancies, let's break down the key concepts and amendments proposed:
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Creation of Section 83.425, F.S.: The bill introduces a new section, s. 83.425, Florida Statutes (F.S.), which serves to preempt the regulation of residential tenancies, landlord-tenant relationships, and all other matters covered under ch. 83, part II, F.S., to the state. This essentially centralizes the authority for regulating these aspects at the state level.
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Preemption of Local Government Regulations: The legislation expressly supersedes any local government regulations pertaining to matters covered under ch. 83, part II, F.S. As a result, all existing local government ordinances throughout the state attempting to regulate residential tenancies, the landlord-tenant relationship, or related matters under ch. 83, part II, F.S., are rendered null and void.
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Amendments to Section 83.57, F.S.: The bill modifies s. 83.57, F.S., which deals with the termination of tenancies without specific terms. The amendment specifically increases the notice period in month-to-month tenancies from 15 days to 30 days before the end of the monthly period.
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Amendments to Section 83.575, F.S.: Another amendment targets s. 83.575, F.S., which governs the termination of tenancies with specific durations. The bill revises the notice period for termination in rental agreements where either party can terminate the agreement within a specified period at the end of the agreement. It changes the requirement from "not more than 60 days' notice" to "not less than 30 days' notice or more than 60 days' notice" from either the tenant or the landlord.
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Effective Date: If approved by the Governor or allowed to become law without the Governor's signature, the provisions of this bill are set to take effect on July 1, 2023.
The voting results, with 29-8 in the Senate and 81-33 in the House, indicate substantial support for the bill. These provisions collectively aim to establish a standardized regulatory framework for residential tenancies at the state level while introducing specific changes to notice periods for termination in different tenancy scenarios.
