[RPPTL LandTen] Surrender as used in 83.67(5)

[Greg Hass]

Probably a stupid question but here goes:

If a residential T vacates the premises voluntarily at the end of the rental agreement, does that constitute a "surrender" as the term is used in Section 83.67 (5)?

In other words, if the lease contains the all caps "legend" found in 83.67 (5), does the LL get the benefit of the release from liability for storage and disposition of T's personal property in a situation where T vacates the premises at the end of the lease term?  Or would the LL in that situation still need to comply with the procedure in Section 715.104?

We're having a debate in my office about whether "surrender" would only apply to a premature exit by T or if it would also encompass a T who just moves out normally at the end of the lease.  Amongst my colleagues we're currently split 3-2 on this.  I couldn't find anything in statutes annotated or Hauser.  For what it's worth, my Black's Law Dictionary (antiquated Sixth Edition) offers the following guidance:  "In landlord-tenant law, surrender exists when the tenant voluntarily gives up possession of the premises prior to the full term of the lease and the landlord accepts possession with the intent that the lease be terminated."

Thanks in advance,
Greg

Greg Hass, Senior Counsel

Office of Law & Policy | FloridaRealtors(r)
7025 Augusta National Drive, Orlando, FL 32822
talk: 407.438.1400, ext. 2421
visit: http://www.floridarealtors.org

The Voice for Real Estate(r) in Florida

[cid:image001.jpg at 01C8B0EE.0B556530]

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/mailman/private/landten/attachments/20111108/2dcf1754/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 3508 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/mailman/private/landten/attachments/20111108/2dcf1754/attachment.jpg>