New Florida Lease Agreements Take Effect Immediately

Fla. Supreme Court revises real estate lease forms

TALLAHASSEE, Fla. – April 16, 2010 – The Florida Supreme Court approved revisions to a number of lease and property management forms with the changes effective immediately. Florida Realtors members currently using the affected forms should immediately switch to the newly approved ones.

The major changes involve Florida real estate lease forms. The two leases that the Court approved are:

• Residential Lease for Single Family Home or Duplex (for a term not to exceed one year) [Replaces “The Residential Lease for Single Family Home and Duplex (RLHD-2x)”]
• Residential Lease for Apartment or Unit in Multi-Family Rental Housing (other than a duplex) including a Mobile Home, Condominium, or Cooperative (for a term not to exceed one year) [(Replaces “Residential Lease for Apartment or Unit in Multi-family Rental Housing including a Mobile Home (RLAU-1x)]

Since the Residential Lease for Apartment or Unit in Multi-Family Rental Housing (other than a duplex) including a Mobile Home, Condominium, or Cooperative is now to be used for rentals involving condominiums and cooperatives (in addition to rentals involving apartments or unit in multi-family rental housing), the Court deleted “Residential Lease for Unit in Condominium or Cooperative (RLCC-1x).” Members who use the RLCC-1x for rentals in a condominium or cooperative should now use the Residential Lease for Apartment or Unit in Multi-Family Rental Housing (other than a duplex) including a Mobile Home, Condominium, or Cooperative.

In addition to other changes, the approved leases include a new addendum, the Early Termination Fee/Liquidated Damages Addendum.

The Court also deleted the use of one contract:

“Residential Lease for Unit in Condominium or Cooperative (for a term not to exceed one year) (RLCC-1).” The Supreme Court rolled this contract into one of the new forms. Members who use this form should immediately switch to the Residential Lease for Apartment or Unit in Multi-Family Rental Housing (other than a duplex) including a Mobile Home, Condominium, or Cooperative (for a term not to exceed one year).

Florida Realtors will soon have the newly approved forms in their usual online format – Form Simplicity, Forms Basic, Forms Online Gold, TransactionDesk and MLS Advantage. In the meantime, copies of the Supreme Court approved forms are available online in Forms Basic (password required) (http://www.floridarealtors.org). In the interim, these forms have the old wording struck out (lines through the wording) and the additional language underlined.

“The versions of the forms with strikeouts and underlines for additions must be printed and filled in by hand until we get them all loaded electronically into our products,” says Florida Realtors Vice President of Law and Policy & General Counsel Randy Schwartz. “Since the Florida Supreme Court approved the forms and the changes are effective immediately, it’s best to use the approved forms with the strikeouts and underlines until the final versions are ready for use. The old forms will be immediately deleted from the website.”

In addition to the lease forms, other property management forms have also changed. As with the lease forms, the following property management forms will be available with the Court’s strikeouts and underlines for additions until the final version of the forms without the additions and strikeouts are ready for use. Those forms will be available in Forms Basic. The name of one of these forms has changed. All the old forms have been deleted.

• Notice of Intention to Impose a Claim on Security Deposit (CSD-4) – name has not changed

• Notice from Landlord to Tenant /Termination for Failure to Pay Rent (FPR-3) – name has not changed

• Notice from Tenant to Landlord-Termination for Failure of Landlord to Maintain Premises as Required by Florida Statute 83.51(1) or Material Provisions of the Rental Agreement (TFMP-3) – name has not changed

• Notice from Landlord to Tenant – Notice of Noncompliance for Matters Other Than Failure to Pay Rent – Slight name change: Formerly “Notice from Landlord to Tenant-Termination for Non-Compliance Other than Failure to Pay Rent (TNC-3)”

• Notice from Tenant to Landlord-Withholding Rent for Failure of Landlord to Maintain Premises as Required by Florida Statute 83.51(1) or Material Provisions of the Rental Agreement (WFMP-4) – name has not changed.

Realtors using forms not offered by Florida Realtors should refer to the original Supreme Court decision for updates, including examples of the updated forms’ language. The decision and all approved form wording is posted in a single PDF file on the Florida Supreme Court’s website. It can be downloaded directly at: SC09-250 – In Re: Revisions To Simplified Forms Pursuant To Rule 10-2.1(A) Of The Rules Regulating The Florida Bar <http://www.floridasupremecourt.org/decisions/2010/sc09-250.pdf>

Questions? Call the Florida Realtors Legal Hotline at (407) 438-1409. It’s a free call for members (Realtors), except for long distance phone charges, if any.

Reprinted by permission: © 2010 Florida Realtors®