Florida Senate - 2009 SB 1038 By Senator Joyner 18-00939A-09 20091038__ 1 A bill to be entitled 2 An act relating to landlord-tenant relations; 3 requiring the landlord or the landlord’s agent to 4 notify the mortgagee in writing within a specified 5 period that the premises is being rented as a dwelling 6 unit; requiring the landlord to give a copy of the 7 notice to the tenant at the time the landlord notifies 8 the mortgagee; requiring the landlord or the 9 landlord’s agent to notify the mortgagee of any change 10 in the rental arrangement; providing that each tenant 11 of the premises is a party to a proceeding to 12 foreclose any note or mortgage covering the premises; 13 requiring that, following a notice of foreclosure, the 14 landlord pay into the registry of the court deposit 15 money received by the landlord; prohibiting any 16 purchaser who receives a certificate of title on a 17 foreclosed premises from taking possession of the 18 premises earlier than 60 days after the tenant is 19 given written notice of the foreclosure; requiring the 20 purchaser to notify each tenant by registered mail; 21 requiring a landlord to inform any prospective or 22 current tenant of any problem that, to the best of 23 landlord's knowledge, may cause the premises to be 24 subject to a foreclosure proceeding; providing an 25 effective date. 26 27 Be It Enacted by the Legislature of the State of Florida: 28 29 Section 1. Foreclosure notice provisions for rental 30 property.— 31 (1)(a) If a premises of which a dwelling unit is a part is 32 subject to a rental agreement and the premises is subject to a 33 note or mortgage, the landlord or the landlord’s agent shall 34 notify the mortgagee in writing that the premises is being 35 rented as a dwelling unit. Notice shall be given no later than 36 30 days after the rental agreement has been signed. The notice 37 must state the name of the tenant, the length of time of the 38 rental agreement, and the address of the dwelling unit that is 39 subject to the rental agreement. The landlord shall give the 40 tenant a copy of the notice at the time the landlord notifies 41 the mortgagee. 42 (b) The landlord or the landlord’s agent shall notify the 43 mortgagee of any change in the rental agreement no later than 14 44 days after learning of the change. 45 (2) Each tenant of the premises is a party to a proceeding 46 to foreclose any note or mortgage covering the premises that is 47 subject to a rental agreement between the tenant and the 48 landlord. 49 (3) Upon receipt of a notice of a foreclosure proceeding 50 regarding the premises that is subject to a rental agreement, 51 the landlord shall pay into the registry of the court any 52 deposit money received by the landlord from the tenant under the 53 rental agreement no later than 14 days after receipt of the 54 notice of a foreclosure proceeding. 55 (4) Any purchaser who receives a certificate of title on a 56 foreclosed premises may take possession of the premises that is 57 subject to a rental agreement no earlier than 60 days after the 58 tenant has been given written notice of the foreclosure. The 59 notice must state that the premises has been sold and the 60 purchaser desires to take possession of the premises. The 61 purchaser must give notice to each tenant by registered mail, 62 return receipt requested. 63 (5) A landlord or the landlord’s agent who rents a premises 64 that is subject to a note or mortgage must inform a prospective 65 or current tenant if the premises is in a foreclosure proceeding 66 or whether there are problems that, to the best of the knowledge 67 of the landlord or the landlord's agent, may cause the premises 68 to be subject to a foreclosure proceeding. 69 Section 2. This act shall take effect July 1, 2009.