THE BILL ITSELF
HB 811
Rental Agreements for Residential Tenancies
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A bill to be entitled
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An act relating to rental agreements for residential
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tenancies; amending s. 83.47, F.S.; prohibiting the
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imposition of certain fees, surcharges, and time
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periods in rental agreements; amending s. 83.56, F.S.;
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revising the time period for nonpayment of rent from 3
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days to 5 days; prohibiting landlords from imposing
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any fees or surcharges during such time period;
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amending s. 83.60, F.S.; conforming a provision to
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changes made by the act; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraphs (c) and (d) are added to subsection (1) of section 83.47, Florida Statutes, to read:
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83.47 Prohibited provisions in rental agreements.—
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(1) A provision in a rental agreement is void and
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unenforceable to the extent that it:
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(c) Imposes any fees or surcharges during the 5-day period
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for paying rent as required under s. 83.56(3).
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(d) Imposes a period of time, regardless of the phrase
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used, in which a tenant must pay an additional fee each rental
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period for a specified duration because the tenant missed a rent
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payment or was late in paying rent.
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Section 2. Subsection (3) and paragraph (a) of subsection
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(5) of section 83.56, Florida Statutes, are amended to read:
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83.56 Termination of rental agreement.—
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(3) If the tenant fails to pay rent when due and the
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default continues for 5 3 days, excluding Saturday, Sunday, and
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legal holidays, after delivery of written demand by the landlord
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for payment of the rent or possession of the premises, the
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landlord may terminate the rental agreement. Legal holidays for
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the purpose of this section are shall be court-observed holidays
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only. The landlord may not impose any fees or surcharges during
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the 5-day period. The 5-day 3-day notice must shall contain a
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statement in substantially the following form:
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You are hereby notified that you are indebted to
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me in the sum of .... dollars for the rent and use of
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the premises ...(address of leased premises, including
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county)..., Florida, now occupied by you and that I
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demand payment of the rent or possession of the
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premises within 5 3 days (excluding Saturday, Sunday,
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and legal holidays) after from the date of delivery of
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this notice, to wit: on or before the .... day of
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...., ...(year)....
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...(landlord's name, address and phone number)...
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(5)(a) If the landlord accepts rent with actual knowledge
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of a noncompliance by the tenant or accepts performance by the
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tenant of any other provision of the rental agreement that is at
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variance with its provisions, or if the tenant pays rent with
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actual knowledge of a noncompliance by the landlord or accepts
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performance by the landlord of any other provision of the rental
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agreement that is at variance with its provisions, the landlord
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or tenant waives his or her right to terminate the rental
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agreement or to bring a civil action for that noncompliance, but
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not for any subsequent or continuing noncompliance. However, a
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landlord does not waive the right to terminate the rental
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agreement or to bring a civil action for that noncompliance by
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accepting partial rent for the period. If partial rent is
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accepted after posting the notice for nonpayment, the landlord
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must:
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1. Provide the tenant with a receipt stating the date and
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amount received and the agreed upon date and balance of rent due
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before filing an action for possession;
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2. Place the amount of partial rent accepted from the
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tenant in the registry of the court upon filing the action for
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possession; or
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3. Post a new 5-day 3-day notice reflecting the new amount
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due.
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Section 3. Subsection (2) of section 83.60, Florida
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Statutes, is amended to read:
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83.60 Defenses to action for rent or possession;
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procedure.—
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(2) In an action by the landlord for possession of a
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dwelling unit, if the tenant interposes any defense other than
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payment, including, but not limited to, the defense of a
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defective 5-day 3-day notice, the tenant shall pay into the
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registry of the court the accrued rent as alleged in the
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complaint or as determined by the court and the rent that
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accrues during the pendency of the proceeding, when due. The
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clerk shall notify the tenant of such requirement in the
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summons. Failure of the tenant to pay the rent into the registry
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of the court or to file a motion to determine the amount of rent
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to be paid into the registry within 5 days, excluding Saturdays,
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Sundays, and legal holidays, after the date of service of
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process constitutes an absolute waiver of the tenant's defenses
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other than payment, and the landlord is entitled to an immediate
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default judgment for removal of the tenant with a writ of
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possession to issue without further notice or hearing thereon.
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If a motion to determine rent is filed, documentation in support
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of the allegation that the rent as alleged in the complaint is
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in error is required. Public housing tenants or tenants
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receiving rent subsidies are required to deposit only that
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portion of the full rent for which they are responsible pursuant
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to the federal, state, or local program in which they are
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participating.
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Section 4. This act shall take effect July 1, 2026.