Florida early termination 2009 statue help?

[zadok]

I have a question about this me and some of my colleagues were discussing this and I would like a clear answer on this here is the situation.

Tenant signs a lease in 2007 stayed in the apartment until 2009, every year she renewed her lease, until 2009 she had to terminate her lease early gave proper 60 day notice in writing. According to the statues in Florida 2009 83.595 Choice of remedies upon breach or early termination by tenant. In short summary it indicates that a tenant must sign this, Read the statue.

(4) Charge liquidated damages, as provided in the rental agreement, or an early termination fee to the tenant if the landlord and tenant have agreed to liquidated damages or an early termination fee, if the amount does not exceed 2 months' rent, and if, in the case of an early termination fee, the tenant is required to give no more than 60 days' notice, as provided in the rental agreement, prior to the proposed date of early termination. This remedy is available only if the tenant and the landlord, at the time the rental agreement was made, indicated acceptance of liquidated damages or an early termination fee. The tenant must indicate acceptance of liquidated damages or an early termination fee by signing a separate addendum to the rental agreement containing a provision in substantially the following form:

[ ] I agree, as provided in the rental agreement, to pay $_____ (an amount that does not exceed 2 months' rent) as liquidated damages or an early termination fee if I elect to terminate the rental agreement, and the landlord waives the right to seek additional rent beyond the month in which the landlord retakes possession.

[ ] I do not agree to liquidated damages or an early termination fee, and I acknowledge that the landlord may seek damages as provided by law.

(a) In addition to liquidated damages or an early termination fee, the landlord is entitled to the rent and other charges accrued through the end of the month in which the landlord retakes possession of the dwelling unit and charges for damages to the dwelling unit.

(b) This subsection does not apply if the breach is failure to give notice as provided in s. 83.575.





When the tenant signed her lease in 2007 there was no such statue in Florida only a penalty that could be charged for 2 months for termination, the tenant signed a definition to annex lease every year there after agreeing to the terms in the lease in 2007? So can she be charged a termination fee of 2 months in 2009 without having signed or agreed to "liquidated damages or early termination" per that statue in 2009 or do we go by the law in 2007 which is what the tenant signed for the terms never changed in any of her renewals? So who's right legally?

[aingeni]

this what judges get paid for