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LEGLISLATIVE SUCCESS:
ELECTRONIC NOTICES
By Johnmichael Fernandez, Director of Local Government Affairs
ALLOWINGELECTRONICNOTICES,
HB 615 / SB 1164
The annual legislative session has somewhat ended for now, and FAA was successful in advocating for the passage of one of our 2025 Legislative Priorities Thank you to all of our members who answered the call and joined us in Tallahassee earlier this year to advocate on behalf of the apartment industry.
Background: Florida’s Landlord Tenant Act (Chapter 83) requires all legal notices to be in writing and delivered to the resident (via mail or hand-delivered). Although housing providers already routinely communicate a variety of updates to residents via online portals, text messages, or email, all notices related to landlordtenant matters must still be served in writing.
HB 615 (Rep Esposito) / SB 1164 (Sen Leek) modernized the notice process and provides privacy to residents by amending state law to allow both residents and landlords to opt-in to receiving notices electronically.
BILLSIGNEDINTOLAW
The House passed HB 615 unanimously while it passed the Senate with 35 yeas.
HB 615 was signed by Governor DeSantis on April 29th, and will become effective on July 1, 2025.
Please note, FAA's Volunteer General Counsel is already working with the NAA Click and Lease legal team to ensure appropriate updates are made to the NAA lease.
A recent Florida appellate decision Mid-America Apartment Communities, Inc & Jiminez v Gonzalez 50 Fla L Weekly D626a (Fla 2d DCA Mar 14, 2025) reversed a trial court’s denial of a motion to compel arbitration in a premises liability case The decision reinforces Florida’s strong policy favoring arbitration when the language of the parties’ lease agreement clearly encompasses a tenants claim even if it is a personal injury claim arising from a common area This ruling has important implications for Florida landlords who want to ensure that disputes including tortbased claims, are resolved through arbitration rather than traditional litigation
1. FACTS AND PROCEDURAL HISTORY
The dispute arose when Alejandra Gonzalez, a tenant in a MidAmerica–managed apartment complex, allegedly stepped on a defective utility box cover in a common area and fell sustaining injuries In her lawsuit, Gonzalez claimed Mid-America negligently maintained the property Mid-America then moved to compel arbitration, pointing to a broad arbitration clause in the lease agreement That clause explicitly stated that “all claims arising between the tenant and the landlord including tort claims for personal injury must be submitted to binding arbitration
The trial court denied Mid-America’s motion, finding that Gonzalez’s personal injury claim did not arise from the interpretation performance, or breach” of the lease The lower court believed that a premises liability action was in essence separate from any contractual duties set forth in the lease Mid-America appealed, arguing that the plain, broad language of the lease specifically included personal injury claims that arose from the tenant’s use of the common areas
2. APPELLATE COURT DECISION
The Florida Second District Court of Appeal reversed the trial court’s denial of arbitration and ordered that Gonzalezs claim be resolved through binding arbitration The appellate court centered its analysis on the leases definition of claim which plainly included tort actions such as personal injury and premises liability, so long as the claim arose from or related to the “ use of [the] Apartment and/or common areas ”
Written by Kevin Knight
The court underscored that under Florida law, if an arbitration clause expressly includes the type of claim being asserted, there is no need for a significant relationship or contractual nexus analysis In other words, while a “broad” arbitration clause might sometimes require the court to ask whether the tort claim has a sufficient connection to the lease, that step becomes unnecessary when the clause specifically references tort claims or personal injury arising from use of the property
Citing Floridas strong public policy favoring arbitration the court concluded that the lease’s unambiguous language controlled: Gonzalezs trip-and-fall claim in a common area was “expressly covered Consequently, arbitration was mandatory
3. RAMIFICATIONS FOR FLORIDA LANDLORDS
1 Importance of Clear, Specific Language:
A decisive factor in Mid-America was the lease’s unambiguous language eferencing personal injury and “ common areas ” If landlords wish to ensure tort claims such as trip-and-falls negligent maintenance or other premises liability suits are subject to arbitration, they must use clear and specific language in their leases Merely referring to disputes arising from or related to the lease may be too general in some cases By explicitly enumerating personal injury or tort claimswithin the scope of arbitration landlords reduce the chance of ambiguity
2 Enforcement of Arbitration Clauses:
The decision confirms that Florida courts tend to honor arbitration clauses, especially where the parties have freely agreed to arbitrate all foreseeable disputes A well-drafted arbitration clause will likely withstand a challenge if it explicitly includes a tenant’s personal injury or premises liability claims
3 Potential Savings in Litigation Costs
Arbitration is often perceived as more efficient quicker and potentially more cost-effective than traditional court proceedings By drafting enforceable arbitration provisions landlords can protect themselves from extensive legal fees and the unpredictability of jury trials
3. RAMIFICATIONS FOR FLORIDA LANDLORDS
4. Limitations on Legal Remedies
Landlords should recognize that arbitration clauses can also limit some of the tenant’s procedural rights in litigation jury trials broad discovery and a full appellate process may not be available While this approach typically benefits the landlord, it must be carefully balanced with consumer-protection considerations and drafted in a manner that is fair, thereby reducing the risk of the clause being invalidated for unconscionability
5 Inclusion of Statutory and Tort Claims
The courts analysis reaffirms that statutory or common law tort claims like premises liability can be encompassed within the scope of a lease’s arbitration provision if the lease language expressly says so This remains true even when the underlying legal duty arises outside the contract (such as a common law duty” to maintain safe premises)
4. PRACTICAL CONSIDERATIONS
Lease Drafting: Landlords should work with experienced attorneys to update or amend their leases By referencing common areas personal injury premises liability and any other relevant tort or statutory claims explicitly, landlords can maximize the likelihood that courts will enforce arbitration
Tenant Communications: Clear communication about the scope and effect of arbitration clauses can help avoid disputes later Although Mid-America reaffirms the enforceability of broad clauses, confusion or dissatisfaction among tenants can still lead to legal challenges
Opt-Out Provisions: Many arbitration clauses now include an “opt-out” or a short window for tenants to reject arbitration. Ensuring that tenants are aware of and understand their rights can further support enforceability, as courts typically look favorably on provisions that are transparent and not unduly one-sided
CONCLUSION
The Mid-America Apartment Communities, Inc v Gonzalez decision sends a clear message: when a leases arbitration clause explicitly states that personal injury or premises liability claims must go to arbitration, Florida courts will likely compel arbitration For Florida landlords, the key takeaway is that precision in drafting is paramount By carefully including all relevant types of legal disputes particularly tort claims that occur in the apartment complex or its common areas landlords can harness Florida’s strong public policy favoring arbitration and avoid protracted litigation in court
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