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.