As of July 1, 2013, Chapter 83, Part II of the Florida Statutes was substantially revised. Chapter 83 is the section that governs landlord-tenant relations, including evictions. Part II deals with residential as opposed to commercial leases. The law provides additional protections to both landlords and tenants. One of the major changes is that a landlord can now accept partial payment of rent from a tenant after posting a three day notice if the landlord follows the procedure described in the statute. Another major change is that the statute specifically states that if a tenant is arguing that the three day notice is defective, the tenant is obligated to deposit rent in the court registry to preserve that argument. In the past, tenants could get away with arguing a defective three day notice, without placing money into the court registry, by stating that the court lacked jurisdiction until there was a proper three day notice. Finally, the most substantial change is that landlords are given the opportunity to fix a defective three day notice before the court can dismiss the case.
This statute will need to be interpreted by the courts before its effect is completely apparent. At some point, its constitutionality will also be tested in the courts. However, at this point, it is very important that you know your rights under the new law. At the Morey Law Firm, P.A., we work diligently to stay up-to-date on all the new laws in the areas we practice in. We can help determine your legal rights. Give us a call today to set up your free consultation!