IMPORTANT NOTICE: If You Rent OR Manage Rentals READ THIS!

by Jenni Boucher

Most people are aware that the State of Florida passed numerous bills this past June on a variety of topics, from tobacco regulation to the colorful fur-dyeing of rabbits and chicks. One of the most significant changes didn’t get nearly as much media attention, but affects both renters and their landlords significantly and is in effect as of July 1, 2013. These new laws do not apply to hotels, motels or other transient-type accommodations.

The addendums to Florida Statute 83.56(5a) have changed the future course for many Floridian renters who are struggling to pay their rent, in many cases due to job loss or under-employment. The new addendums allow landlords to issue a 3-day (business days) notice to pay the remaining balance of rent or have the landlord take possession of the property – even if the tenant has made a partial payment towards their rent. If a partial payment is made, the landlord can then issue another 3-day notice for the remaining balance of the rent. If the balance of the rent is not paid by then or an alternative mutually agreed-upon date, the landlord is clear to evict the tenant (under normal process) and take possession of the property.

LANDLORDS – PAY ATTENTION! This addendum requires landlords to provide a receipt with the remaining balance due at the time of the partial payment, and to indicate the date by which the balance must be paid. Should the landlord not provide this documentation, then it can be construed that the landlord is accepting the partial payment as payment-in-full for that rental term, whether it be weekly, monthly, or longer.

As you can see, the changes to this statute could impact renters and landlords significantly. The impacts from this new law will undoubtedly change many rental agreements, as well as make prospective tenants pay closer attention to how much home their budget will allow. As always, Manatee Home Inspection Services (MHIS) is bringing this information to you to assist you in making well-informed real estate transactions.