REMINDER; Community Association Rental Policies- Associations Must Be Aware of New Laws Pertaining to Servicemembers [3-21-17]

By Susan P. Bakalar, Esq.
Bakalar & Associates, PA

Effective July 1, 2016 there are new laws on the books related to servicemember rental of real property. Chapter 2016-242, Laws Of Florida now has provisions, as part of the Florida Residential Landlord and Tenant Act, which provides some guidance/restrictions in regard to renting property to servicemembers [the definition of a servicemember is exhaustively described and defined in 250.01, Florida Statutes and includes any person serving as a member of the United States Armed Forces on active duty or State active duty as well as all members of the Florida National Guard and United States Reserve Forces].

Chapter 83.49 of the Florida Statutes was amended to (i) limit the amount of advance rent or deposit money that a landlord (such as an association that has foreclosed and owns property) may require or receive at the beginning of a rental agreement, (ii) specify what constitutes sufficient notice to the landlord of a tenant’s active duty military status, (iii) prohibits the waiver or modification of such limitation and (iv) requires an association to complete the processing of a rental application within a specified time frame and (v) requires associations to waive any required background check.

718.129; Rental Applications By Servicemembers was created and states that:

-A landlord may not require or receive from or on behalf of a tenant who is a servicemember that at the beginning of a rental agreement any money other than payment of the first month’s rent and a security deposit IF the servicemember provides notice to the landlord of his or her active duty military status. The notice to landlord must be accompanied by military orders signed by the servicemember’s commanding officer. [Note that this provision may not be modified or waived by the parties under any circumstance].

-If an association requires a background check as part of the rental application, the association must waive the requirement if the proper documentation of active duty military status is provided [as noted above]

720.318; Rental Applications By Servicemembers was created and states that:

– If an association requires prospective tenants to complete a rental application before residing in a residential property located within the community that the association must complete the processing of the rental application [submitted by a servicemember] within seven (7) days after submission of the application.

Based on the foregoing, Associations would be well served to consider modifying their rental applications to include a question such as “are you currently a servicemember [which includes any person serving as a member of the United States Armed Forces on active duty or State active duty as well as all members of the Florida National Guard and United States Reserve Forces].

Associations are cautioned to consult with competent legal counsel should they require assistance in executing the proper modification to its governing documents, rules and regulations or property rental documents.