Florida HB 811: Rental Agreements for Residential Tenancies

Bill Text

HB 811 2026

CODING: Words stricken are deletions; words underlined are additions.
hb811-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

A bill to be entitled 1
An act relating to rental agreements for residential 2
tenancies; amending s. 83.47, F.S.; prohibiting the 3
imposition of certain fees, surcharges, and time 4
periods in rental agreements; amending s. 83.56, F.S.; 5
revising the time period for nonpayment of rent from 3 6
days to 5 days; prohibiting landlords from imposing 7
any fees or surcharges during such time period; 8
amending s. 83.60, F.S.; conforming a provision to 9
changes made by the act; providing an effective date. 10
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Be It Enacted by the Legislature of the State of Florida: 12
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Section 1. Paragraphs (c) and (d) are added to subsection 14
(1) of section 83.47, Florida Statutes, to read: 15
83.47 Prohibited provisions in rental agreements.— 16
(1) A provision in a rental agreement is void and 17
unenforceable to the extent that it: 18
(c) Imposes any fees or surcharges during the 5-day period 19
for paying rent as required under s. 83.56(3). 20
(d) Imposes a period of time, regardless of the phrase 21
used, in which a tenant must pay an additional fee each rental 22
period for a specified duration because the tenant missed a rent 23
payment or was late in paying rent. 24
Section 2. Subsection (3) and paragraph (a) of subsection 25

HB 811 2026

CODING: Words stricken are deletions; words underlined are additions.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

(5) of section 83.56, Florida Statutes, are amended to read: 26
83.56 Termination of rental agreement.— 27
(3) If the tenant fails to pay rent when due and the 28
default continues for 5 3 days, excluding Saturday, Sunday, and 29
legal holidays, after delivery of written demand by the landlord 30
for payment of the rent or possession of the premises, the 31
landlord may terminate the rental agreement. Legal holidays for 32
the purpose of this section are shall be court-observed holidays 33
only. The landlord may not impose any fees or surcharges during 34
the 5-day period. The 5-day 3-day notice must shall contain a 35
statement in substantially the following form: 36
You are hereby notified that you are indebted to 37
me in the sum of .... dollars for the rent and use of 38
the premises ...(address of leased premises, including 39
county)..., Florida, now occupied by you and that I 40
demand payment of the rent or possession of the 41
premises within 5 3 days (excluding Saturday, Sunday, 42
and legal holidays) after from the date of delivery of 43
this notice, to wit: on or before the .... day of 44
...., ...(year).... 45
...(landlord's name, address and phone number)... 46
(5)(a) If the landlord accepts rent with actual knowledge 47
of a noncompliance by the tenant or accepts performance by the 48
tenant of any other provision of the rental agreement that is at 49
variance with its provisions, or if the tenant pays rent with 50

HB 811 2026

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

actual knowledge of a noncompliance by the landlord or accepts 51
performance by the landlord of any other provision of the rental 52
agreement that is at variance with its provisions, the landlord 53
or tenant waives his or her right to terminate the rental 54
agreement or to bring a civil action for that noncompliance, but 55
not for any subsequent or continuing noncompliance. However, a 56
landlord does not waive the right to terminate the rental 57
agreement or to bring a civil action for that noncompliance by 58
accepting partial rent for the period. If partial rent is 59
accepted after posting the notice for nonpayment, the landlord 60
must: 61
1. Provide the tenant with a receipt stating the date and 62
amount received and the agreed upon date and balance of rent due 63
before filing an action for possession; 64
2. Place the amount of partial rent accepted from the 65
tenant in the registry of the court upon filing the action for 66
possession; or 67
3. Post a new 5-day 3-day notice reflecting the new amount 68
due. 69
Section 3. Subsection (2) of section 83.60, Florida 70
Statutes, is amended to read: 71
83.60 Defenses to action for rent or possession; 72
procedure.— 73
(2) In an action by the landlord for possession of a 74
dwelling unit, if the tenant interposes any defense other than 75

HB 811 2026

CODING: Words stricken are deletions; words underlined are additions.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

payment, including, but not limited to, the defense of a 76
defective 5-day 3-day notice, the tenant shall pay into the 77
registry of the court the accrued rent as alleged in the 78
complaint or as determined by the court and the rent that 79
accrues during the pendency of the proceeding, when due. The 80
clerk shall notify th