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

Tue Nov 8 12:04:34 PST 2011

Note that the hold-over provision, Section 67.58, does not state that, in the event that the tenant fails to “surrender” the premises at the end of the leasehold, the landlord may recover possession, etc.; rather it uses the language that, if the tenant “holds over and continues in possession” after the expiration of the estate.  This supports the Black Law Dictionary’s definition that “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”.  

Section 715.104 is a remedial statute, intending to benefit the former tenant.  If the leasehold estate is at its end, the landlord must comply with the notice to the former tenant concerning the latter’s remaining personal property on the premises.  Exceptions to that statute, as contained in Section 83.67, must as a matter of law be narrowly and strictly construed – and limited to the precise conditions that allow non-compliance with 715.104, that is, surrender (prior to the end of the full term of the lease), abandonment or death of the last tenant.  Quincy Corp. v. Aguilar, 714 So.2d 1055, 1060, fn.7 (Fla. 1st DCA 1997); State v. Nourse, 340 So.2d 966, 969 (Fla. 3d DCA 1976) (“Any ambiguity in an exception statute is normally construed in a manner that restricts the use of the exception”).  Absent those precise, narrowly construed conditions, if the tenancy has “terminated or expired . . . through eviction or otherwise”, the landlord must comply with the 715.104 notice to the tenant.

The landlord should comply with the 715.104 notice statute in a situation where the tenant has vacated at the end of the lease term.

Warren P. Gammill, Esq.

Warren Gammill & Associates

Suite 1050, Courthouse Tower

44 West Flagler Street

Miami, Florida 33130

Telephone: 305-579-0000

Telecopier: 305-371-6927

Gammill at MiamiLawOffice.com

Website: www.gammilllaw.com

From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Manuel Farach
Sent: Tuesday, November 08, 2011 1:56 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Surrender as used in 83.67(5)

Technically, isn’t the lease an estate in land subject to reversion? I’m with Greg; it is a surrender prior to end of the lease and a termination/reversion of the lease estate at the end.

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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Greg Hass
Sent: Tuesday, November 08, 2011 1:33 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Surrender as used in 83.67(5)

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®
7025 Augusta National Drive, Orlando, FL 32822
talk: 407.438.1400, ext. 2421
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The Voice for Real Estate® in Florida

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