What the New Florida Landlord Tenant Law- HB 1417- Could Mean for You
Introduction:
In July of 2023, the State passed HB 1417, a law relating to Residential Landlord-Tenant Relationships in Florida.
Intent and possible effects of legislation
Some, like the Florida Realtors, think this legislation could help the Florida housing market and allow real estate developers to build affordable housing in underserved areas. In contrast, others think this new law could have problematic consequences for Tenants.
Synopsis of Bill
This Bill preempts to the State of Florida’s authority over parts of the rental arrangement between a Residential Landlord and Tenant. For a list of some of what is included, see the text of Fl. Stat. 83.425
It further amends notice regulations for giving notice under leases for specific durations and month-to-month arrangements.
For leases with a specific duration, such as one year Lease, the new language of the Statutes states that should there be a notice requirement in the Lease for non-renewal of the tenancy, such a notice requirement must be for a minimum of 60 days. Please note that if the Lease does not have a provision for a notice requirement, the Florida Statutory requirements on notices will govern.
For month-to-month tenancies, each party is now required to give a minimum of 30 day written notice of that party’s intention to end the tenancy.
How this could affect you:
If you are a Residential Landlord or Tenant, you should consider these new legal requirements. Florida Courts have traditionally interpreted notice of termination regulations as strict requirements; from a legal perspective, a Landlord or Tenant could likely lose specific options if they fail to comply with these regulations fully.
As for the new law’s emphasis on preempting authority over Residential Lease holding to the State, the legal ramifications remain to be seen. For now, it would be best for Florida landlords and tenants to fully familiarize themselves with Florida law on the subject.
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Related:Florida’s Landlord/Tenant Law
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