Fla. Stat. § 738.405

Current through Chapter 226 of the 2024 Legislative Session

Section 738.405 - [Effective 1/1/2025] Rental property

To the extent that a fiduciary does not account for the management of rental property as a business under s. 738.403, the fiduciary shall allocate to income an amount received as rent of real or personal property, including an amount received for cancellation or renewal of a lease. An amount received as a refundable deposit, including a security deposit or a deposit that is to be applied as rent for future periods:

(1) Must be added to principal and held subject to the terms of the lease, except as otherwise provided by law other than this chapter; and

(2) Is not allocated to income or available for distribution to a beneficiary until the fiduciary's contractual obligations have been satisfied with respect to that amount.

Fla. Stat. § 738.405

Added by 2024 Fla. Laws, ch. 216,s 24, eff. 1/1/2025.