Florida Senate - 2015                              CS for SB 524
       By the Committee on Banking and Insurance; and Senator Soto
       597-03622-15                                           2015524c1
    1                        A bill to be entitled                      
    2         An act relating to rental agreements; creating s.
    3         83.561, F.S.; providing that a purchaser takes title
    4         to a tenant-occupied residential property following a
    5         foreclosure sale subject to the rights of the tenant;
    6         specifying the rights of the tenant; authorizing a
    7         tenant to remain in possession of the property for 30
    8         days following receipt of a written notice;
    9         prescribing the form for a 30-day notice of
   10         termination; establishing requirements for delivery of
   11         the notice; authorizing a purchaser to apply for a
   12         writ of possession if the tenant refuses to vacate the
   13         property; providing exceptions; providing for
   14         construction; providing an effective date.
   16  Be It Enacted by the Legislature of the State of Florida:
   18         Section 1. Section 83.561, Florida Statutes, is created to
   19  read:
   20         83.561 Termination of rental agreement upon foreclosure.—
   21         (1) If a tenant is occupying residential premises that are
   22  the subject of a foreclosure sale, upon issuance of a
   23  certificate of title following the sale, the purchaser named in
   24  the certificate of title takes title to the residential premises
   25  subject to the rights of the tenant under this section.
   26         (a) The tenant may remain in possession of the premises for
   27  30 days following the date of the purchaser’s delivery of a
   28  written 30-day notice of termination.
   29         (b) The tenant is entitled to the protections of s. 83.67.
   30         (c) The 30-day notice of termination must be in
   31  substantially the following form:
   33                   NOTICE TO TENANT OF TERMINATION                 
   35         You are hereby notified that your rental agreement is
   36  terminated on the date of delivery of this notice and your
   37  occupancy is terminated 30 days following the date of the
   38  delivery of this notice and that I demand possession of the
   39  premises on that ...(date).... If you do not vacate the premises
   40  by this date, I will ask the court for an order allowing me to
   41  remove you and your belongings from the premises. You are
   42  obligated to pay rent during the 30-day period for any amount
   43  that might accrue during that period. Your rent must be
   44  delivered to ...(landlord’s name and address)....
   46         (d) The 30-day notice of termination shall be delivered in
   47  the same manner as provided in s. 83.56(4).
   48         (2) The purchaser at the foreclosure sale may apply to the
   49  court for a writ of possession based upon a sworn affidavit that
   50  the 30-day notice of termination was delivered to the tenant and
   51  the tenant has failed to vacate the premises at the conclusion
   52  of the 30-day period. If the court awards the writ of
   53  possession, the writ must be served on the tenant. The writ of
   54  possession shall be governed by s. 83.62.
   55         (3) This section does not apply if:
   56         (a) The tenant is the mortgagor in the subject foreclosure
   57  or is the child, spouse, or parent of the mortgagor in the
   58  subject foreclosure.
   59         (b) The tenant’s rental agreement is not the result of an
   60  arm’s length transaction.
   61         (c) The tenant’s rental agreement allows the tenant to pay
   62  rent that is substantially less than the fair market rent for
   63  the premises, unless the rent is reduced or subsidized due to a
   64  federal, state, or local subsidy.
   65         (4) This section does not preclude the purchaser from
   66  assuming the prior rental agreement of the tenant, in which case
   67  the purchaser becomes the landlord and is governed by this part.
   68         Section 2. This act shall take effect upon becoming a law.