Florida Senate - 2011                                     SB 784
       
       
       
       By Senator Smith
       
       
       
       
       29-00798-11                                            2011784__
    1                        A bill to be entitled                      
    2         An act relating to the termination of rental
    3         agreements; amending s. 83.49, F.S.; requiring the
    4         landlord or mortgagor or its agent to tender to the
    5         registry of the court or to the foreclosing entity all
    6         funds held for advance rent or security deposits at
    7         the time of foreclosure; directing that such funds
    8         continue to be held for the use and benefit of the
    9         tenants of the foreclosed property; providing that a
   10         landlord or mortgagor or its agent commits a theft if
   11         the landlord or mortgagor or its agent do not comply
   12         with certain specified provisions of law; providing
   13         for penalties; creating s. 83.683, F.S.; providing
   14         that a purchaser of residential property in
   15         foreclosure may terminate a tenant’s residential
   16         rental agreement under certain circumstances;
   17         providing an exception for an immediate purchaser
   18         intending to sell the property to a buyer who intends
   19         to occupy it as his or her primary residence; setting
   20         forth the content to be included in the termination
   21         notice to be given to the tenant; providing certain
   22         exceptions to application of the act; requiring the
   23         immediate purchaser named in the certificate of title
   24         to credit the tenant’s account for any deposit money
   25         paid by the tenant and for any advance rent for the
   26         unexpired rental period; providing for future
   27         expiration; providing an effective date.
   28  
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Subsections (10) and (11) are added to section
   32  83.49, Florida Statutes, to read:
   33         83.49 Deposit money or advance rent; duty of landlord and
   34  tenant.—
   35         (10) Upon the filing of foreclosure, the landlord or
   36  mortgagor or its agent shall tender to the registry of the court
   37  or, at the foreclosing entity’s election, to the foreclosing
   38  entity, all funds held for advance rent or security deposits for
   39  tenants of the mortgaged property, which shall continue to be
   40  held for the use and benefit of the tenants.
   41         (11) Failure by the landlord or mortgagor or its agent to
   42  comply with subsection (1) or subsection (10) constitutes a
   43  theft as defined in and punishable under s. 812.014 if the
   44  failure to comply is done knowingly and with the intent to
   45  deprive the tenant of a right to the funds or a benefit from the
   46  funds, or to appropriate the funds for the landlord’s,
   47  mortgagor’s, or agent’s own use or the use of a person not
   48  entitled to the use of the funds.
   49         Section 2. Section 83.683, Florida Statutes, is created to
   50  read:
   51         83.683Termination of rental agreement upon foreclosure.—
   52         (1)(a)Upon issuance of a certificate of title pursuant to
   53  s. 45.031, if a tenant is occupying the residential premises and
   54  is not excluded by subsection(2), the immediate purchaser named
   55  in the certificate of title takes title to the residential
   56  premises as a landlord, and may terminate the residential rental
   57  agreement by delivering a written, 90-day notice to the tenant.
   58         (b)1.If there is an existing written rental agreement that
   59  was entered into before the certificate of title was issued, the
   60  tenant may remain in possession of the premises until the end of
   61  the lease term or at least 90 days following the date that the
   62  tenant receives a copy of the written notice of termination,
   63  whichever is longer.
   64         2.However, if the immediate purchaser named in the
   65  certificate of title sells the premises to a purchaser who will
   66  occupy the premises as a primary residence, the immediate
   67  purchaser may terminate the written rental agreement and the
   68  tenant is entitled to a written, 90-day notice of termination.
   69         (c)The 90-day notice to terminate the rental agreement
   70  must be in substantially the following form:
   71  
   72         You are hereby advised that your rental agreement is
   73         terminated effective 90 days following the date that
   74         this written termination notice is delivered to you,
   75         or at the end of the term of your written rental
   76         agreement, whichever is later, and that I demand
   77         possession of the premises upon that date. You are
   78         still obligated to pay rent during the 90 days or
   79         during the term of your written rental agreement, in
   80         the amount you have been paying. Rent shall be
   81         delivered to [name], [address].
   82  
   83         (d)Delivery of the written notice must be in the manner as
   84  provided in s. 83.56(4).
   85         (2)Subsection (1) does not apply if:
   86         (a)The mortgagor being foreclosed, or the child, spouse,
   87  or parent of the mortgagor being foreclosed, is occupying the
   88  dwelling unit being foreclosed, unless it is a multiunit
   89  property and other tenants occupy dwelling units;
   90         (b)The rental agreement is not an arms-length transaction;
   91  or
   92         (c)The rental agreement allows rent that is substantially
   93  less than the fair market rent for the premises, unless the rent
   94  is reduced or subsidized due to a federal, state, or local
   95  subsidy.
   96         (3)The immediate purchaser named in the certificate of
   97  title issued pursuant to s. 45.031 shall credit the tenant’s
   98  account for any deposit money paid by the tenant to the
   99  predecessor in interest and may make claims against the deposit
  100  pursuant to s. 83.49. The immediate purchaser shall also credit
  101  the tenant’s account for any advance rent for the unexpired
  102  rental period. The tenant must provide evidence of the amount of
  103  the security deposit or advance rent in order to receive the
  104  credit. This subsection applies only to the extent that the
  105  security deposit or advance rent is in the possession of the
  106  immediate purchaser or the foreclosing mortgagee.
  107         (4)This section expires December 31, 2013.
  108         Section 3. This act shall take effect upon becoming a law.