CS/HB 1277--Residential tenancies.

The bill amends the landlord's available remedies in [section]83.595, to provide that if the landlord retakes possession after the early termination of the rental agreement, the landlord has the duty to exercise good faith in attempting to relet the premises. It requires that the landlord deduct from the balance due from the tenant any rent received by the landlord as a result of the reletting. The bill revises the definition of "rental agreement" and defines the term "early termination fee." The bill also permits landlords to recover liquidated damages or early termination fees if they are provided for in the rental agreement. The liquidated damages and early termination fees are charged when the tenant gives notice of the early termination. The bill provides that this remedy is available only, if at the time the rental agreement was made, the tenant indicated his or her acceptance of liquidated damages or early termination fees by placing his or her signature or initials next to the provision in the rental agreement. If acceptance is not indicated, the liquidated damages and early termination fee remedies may not be imposed. The bill provides that the landlord is entitled to both the liquidated damages and early termination fee if the total charged does not exceed an amount equal to two-month's rent. In addition to the liquidated damages and early termination fees, the bill provides that the landlord may charge the tenant for any unpaid rent and other charges due under the rental agreement through the end of the month in which the landlord takes possession of the dwelling unit; and any rental concessions that the tenant has received up to the maximum of one month's rent. The governor vetoed the bill.