Background of Florida Statute § 83.56(5)(c)
Florida Statute (FS) 83.56(5)(c) governs the relationship between landlords and tenants, specifically addressing how a landlord must respond to tenant noncompliance in situations involving public housing or rent subsidies. The statute states that if a landlord has knowledge of a tenant’s noncompliance, they must institute action within 45 days to avoid waiving the right to evict based on that noncompliance.
The key phrase in this statute, “institute action,” has been the subject of debate in Florida courts. Some courts interpret this to mean that the landlord must file an eviction lawsuit within 45 days, while other courts consider the delivery of a termination notice as satisfying the requirement. The court’s interpretation can make all the difference between a successful eviction and a dismissal.
Court Rulings Highlighting the Split in Interpretation
In NHDC Hampton Court Apartments v. Jenkins (Alachua Cnty., 2015), the legal issue centered on the interpretation of Florida Statute § 83.56(5)(c), which deals with waiving the right to evict a tenant if the landlord does not “institute action” within 45 days of gaining knowledge of a lease violation. In this case, the court had to decide whether delivering a notice to terminate the lease constituted “instituting action” or if the landlord was required to file an eviction lawsuit within the 45-day window.
The court ultimately ruled in favor of the landlord, deciding that the act of delivering a notice to terminate the lease within 45 days satisfied the statutory requirement of instituting action. Other Florida courts have ruled similarly to the court in NHDC Hampton Court Apartments. See e.g. Gardenia Garden Apartments, Inc. v. Tonyetta Buchanan, 9 Fla. L. Weekly Supp. 321c (Alachua Cnty. 2002); and The Housing Authority Of The City Of Key West, Florida v. Roxanne Forde and William Pittman, 18 Fla. L. Weekly Supp. 1197c (Monroe Cnty. 2011).
However, many other Florida courts have interpreted F.S. 83.56(5)(c) to mean that the landlord must file an eviction action within 45 days of knowing of the violation to avoid waiver of the eviction right. See e.g. Gainesville Housing Authority v. Charles Miller, 11 Fla. L. Weekly Supp. 450a (Alachua Cnty. 2004); Garden Vista Preservation, L.P. v. Tarolyn Rember, FLWSUPP 3112GARD (Miami-Dade Cnty. 2023); Housing Authority of the City of Fort Lauderdale v. Sandra Baldwin, 18 Fla. L. Weekly Supp. 1193a (Broward Cnty. 2011); Orlando Housing Authority v. Shawn M. Bradley, 20 Fla. L. Weekly Supp. 702a (Orange Cnty. 2013); Our House In Dania Inc. v. Dana Ross, 26 Fla. L. Weekly Supp. 522a (Broward Cnty. 2018); Poah Cutler Manor, LLC v. Jayquanda Bennett, 31 Fla. L. Weekly Supp. 504a (Miami-Dade Cnty. 2023); Royal American Management, Inc. v. Keena Goodman, 4 Fla. L. Weekly Supp. 554a (Bradford Cnty. 1997); SP OV Apartments, LLC v. Melissa Thomas, 29 Fla. L. Weekly Supp. 33b (Duval Cnty. 2020); The Housing Authority Of The City Of Orlando, Florida v. Shawn M. Bradley, 22 Fla. L. Weekly Supp. 877a (Orange Cnty. 2014); Majestic Oaks Apartments v. Natashia Wright, 4 Fla. L. Weekly Supp. 863b (Alachua Cnty. 1997).
This divergence in interpretation has created confusion for landlords and tenants alike, and the different interpretations can create very different results in eviction cases.
What Was the Florida Legislative Intent of F.S. 83.56(5)(c)?
While some Florida courts have ruled that the words “institute” and “action” are unambiguous–and as such there is no need to look outside the statutory text to interpret the meaning of “institute action”—the courts’ split decisions of this issue demonstrate otherwise. One way to help resolve any ambiguity of statutory text is to look at the legislative history.
The legislative history of F.S. 83.56(5)(c), in fact, seems to indicate that “institute action” means taking the necessary action to terminate the tenancy–to deliver notice to the tenant of the intent to terminate the lease if the tenant does not cure the violation, or in case of a violation that does not require a cure opportunity, to deliver notice of termination.
F.S. 83.56(5)(c) was first signed into law in 1993. The legislative records for the House of Representative Committee on Judicial states as follows regarding the import of F.S. 83.56(5)(c):
“This section also provides that…a waiver [to file an eviction] will occur if an action to terminate the rental agreement is not begun within 45 days of receipt of the subsidy” (emphasis added); … “It provides that a landlord does not waive he right to evict if the rent that is accepted is in the form of a subsidy. However, the landlord must proceed to evict within 45 days.”
Then, in 2013, the Florida legislature amended F.S. 83.56(5)(c) to clarify that the 45-day deadline to “institute action” starts when the landlord has actual knowledge of the violation. The Florida Senate Judiciary Committee records state the following concerning the amended language:
“The bill revises the calculation of the time period within which a landlord with a tenant who receives rent subsidies waives the right to enforce a rental agreement if action is not timely instituted within 45 days of a noncompliance. Under the bill, a landlord must enforce the rental agreement within 45 days after obtaining actual knowledge of a noncompliance” (emphasis added).
The legislative record indicates twice that “institute action” means that the landlord must take action to “to terminate the rental agreement” (1993) and “enforce the rental agreement” (2013). “Terminating the rental agreement” and “enforcing the lease agreement” are legally accomplished by delivering proper notice to the tenant pursuant to F.S. 83.56(3), et. al., whether by delivering a notice to pay, notice to cure (for curable violations), or notice to terminate (for non-curable violations).
The legislative record seems to support the interpretation that “institute action” means the delivery of a notice to the tenant (not filing an eviction action), but until the Florida Supreme Court decides the issue or the legislature amends the statute to clarify, the results of this issue on a case-by-case basis will depend largely on which court is deciding the issue.
Legal Implications for Landlords Who Manage Properties With Rent Subsidies
The split in judicial interpretation creates a challenging environment for landlords who manage properties with tenants receiving rent subsidies in Florida. Depending on the jurisdiction, a landlord may be required to either deliver a notice or file an eviction lawsuit within 45 days to avoid waiving their right to evict a tenant. This inconsistency poses risks, in situations involving subsidized tenancies, where eviction cases may be more complex due to federal and state regulations.
Best Practices for Landlords to Avoid Legal Issues
To minimize the risk of legal complications, landlords should adopt the following best practices when dealing with tenant noncompliance:
- Deliver Notice Promptly: As soon as the landlord becomes aware of a tenant’s noncompliance with the lease, they should deliver a written notice to the tenant terminating the lease or demanding corrective action. The notice (to pay) (to cure) (to terminate) should be delivered as soon as the landlord gains actual knowledge of the noncompliance to comply with the stricter interpretation of F.S 83.56(5)(c).
- File Eviction Lawsuit Within 45 Days of Actual Knowledge of Violation: To protect against unfavorable rulings in courts that require a lawsuit to be filed within 45 days of the landlord’s knowledge of the violation, landlords should aim to file the eviction lawsuit within 45 days of discovering the noncompliance. This ensures compliance with the stricter interpretation of F.S. 83.56(5)(c). This may require very expeditious actions on the landlord, so it is best practice to bring in legal counsel to ensure proper and efficient legal steps are taken.
- Consult Local Legal Precedent: Given the divergence in judicial interpretation, landlords should consult local case law or seek legal counsel to determine how courts in their jurisdiction interpret the phrase “institute action.” In addition, landlords need legal counsel for their management operations to ensure they are handling violations efficiently and legally. This will help landlords understand their legal obligations and act accordingly.
- Document All Actions: Landlords should keep thorough records of all communications with tenants, including notices of lease violations, termination notices, and any steps taken to resolve the issue. This documentation can serve as evidence if the landlord’s actions are challenged in court.
- Stay Informed About Changes in the Law: Florida landlord-tenant law is subject to change, and the interpretation of statutes can evolve over time. Landlords should stay informed about any legislative changes or new court rulings that may affect their rights and responsibilities.
“Institute Action” Disputes in Florida Evictions
Like the court’s ruling in NHDC Hampton Court Apartments v. Jenkins, some Florida courts rule that “instituting action” means serving notice to the tenant, while others courts rule that evictions must be filed within 45 days of the landlord’s knowledge of the violation. Due to conflicting rulings among Florida courts, landlords must remain cautious and proactive in addressing tenant noncompliance. By following best practices, including delivering notices promptly, filing lawsuits within the required timeframe, and seeking legal advice, landlords can protect their interests and avoid potential legal problems related to Florida Statute § 83.56(5)(c).
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