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.