Florida Senate Bill 606, recently passed by the state
legislature, aims to simplify and expedite the process of removing unwanted
guests from properties by establishing clearer distinctions between
"transient" and "nontransient" occupancy. The bill moves
away from relying on subjective intent and instead focuses on the objective
nature of the stay. This shift promises to provide property owners with a more
predictable and efficient path to regain control of their properties when stays
overstay their welcome.
For years, Florida law has grappled with the ambiguity
of defining occupancy, often leaving property owners in a legal gray area when
dealing with individuals who refuse to leave after their agreed-upon stay.
Determining whether someone was a "tenant," with all the legal
protections that entails, often involved lengthy court battles centered around
proving the "intent" of both the owner and the occupant. This process
could be costly, time-consuming, and frustrating for property owners.
SB 606 seeks to remedy this by establishing a more
objective standard for determining occupancy. Rather than delving into the
murky waters of intent, the bill focuses on the characteristics of the stay
itself. Key factors considered under the new law include:
- Agreed-upon length of
stay: A specific, predetermined period of
occupancy explicitly agreed upon by both parties will be a primary
determinant.
- Frequency of services: The frequency and nature of services
provided by the property owner, such as cleaning, linen changes, and
maintenance, will be considered. Frequent services suggest a transient occupancy.
- Payment arrangements: How the occupant pays for their stay,
whether it's a fixed rate per night, week, or a longer-term agreement,
will be relevant.
- Availability of the
property: Whether the
property is offered to the general public for short-term rental will also
be taken into account.
By focusing on these objective factors, SB 606 creates
a clearer pathway for property owners to remove individuals who are deemed
"transient" occupants. This means that individuals staying in hotels,
motels, short-term rentals, or similar establishments under a defined agreement
will likely be classified as transient occupants. If they overstay their
agreed-upon term, property owners can typically utilize more expedient removal
procedures, such as notifying law enforcement, rather than having to initiate a
full eviction process.
Benefits of SB 606:
- Simplified guest removal: A more objective definition of occupancy
allows for a quicker and more predictable removal process for transient
occupants.
- Reduced legal costs: Fewer disputes over intent could translate
to lower legal fees for property owners.
- Increased property owner
control: The bill empowers
property owners to enforce occupancy agreements and maintain control over
their properties.
- Greater clarity for
guests: Clearer definitions
provide guests with a better understanding of their rights and
responsibilities during their stay.
Potential Considerations:
While SB 606 aims to streamline the process, it's
crucial for property owners to adhere to the law's requirements and provide
proper notice to occupants. It's also important to note that the bill primarily
addresses "transient" occupancy. Cases involving long-term stays with
ambiguous agreements may still require a more thorough legal process.
Conclusion:
Florida Senate Bill 606 represents a significant step
toward clarifying occupancy definitions and streamlining guest removal
procedures. By focusing on the objective characteristics of a stay rather than
subjective intent, the bill provides property owners with a more efficient
legal framework to manage their properties and enforce occupancy agreements.
While careful adherence to the law is essential, SB 606 holds the potential to
reduce legal costs, minimize disputes, and provide greater certainty for both
property owners and guests in Florida.