Florida Senate - 2015                       CS for CS for SB 524
       By the Committees on Rules; and Banking and Insurance; and
       Senator Soto
       595-04193-15                                           2015524c2
    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 that a lender foreclosing on
   15         tenant-occupied residential premises does not assume
   16         the obligations of a landlord unless certain
   17         conditions are met; providing an effective date.
   19  Be It Enacted by the Legislature of the State of Florida:
   21         Section 1. Section 83.561, Florida Statutes, is created to
   22  read:
   23         83.561 Termination of rental agreement upon foreclosure.—
   24         (1) If a tenant is occupying residential premises that are
   25  the subject of a foreclosure sale, upon issuance of a
   26  certificate of title following the sale, the purchaser named in
   27  the certificate of title takes title to the residential premises
   28  subject to the rights of the tenant under this section.
   29         (a) The tenant may remain in possession of the premises for
   30  30 days following the date of the purchaser’s delivery of a
   31  written 30-day notice of termination.
   32         (b) The tenant is entitled to the protections of s. 83.67.
   33         (c) The 30-day notice of termination must be in
   34  substantially the following form:
   36                   NOTICE TO TENANT OF TERMINATION                 
   38         You are hereby notified that your rental agreement is
   39  terminated on the date of delivery of this notice and your
   40  occupancy is terminated 30 days following the date of the
   41  delivery of this notice and that I demand possession of the
   42  premises on that ...(date).... If you do not vacate the premises
   43  by this date, I will ask the court for an order allowing me to
   44  remove you and your belongings from the premises. You are
   45  obligated to pay rent during the 30-day period for any amount
   46  that might accrue during that period. Your rent must be
   47  delivered to ...(landlord’s name and address)....
   49         (d) The 30-day notice of termination shall be delivered in
   50  the same manner as provided in s. 83.56(4).
   51         (2) The purchaser at the foreclosure sale may apply to the
   52  court for a writ of possession based upon a sworn affidavit that
   53  the 30-day notice of termination was delivered to the tenant and
   54  the tenant has failed to vacate the premises at the conclusion
   55  of the 30-day period. If the court awards the writ of
   56  possession, the writ must be served on the tenant. The writ of
   57  possession shall be governed by s. 83.62.
   58         (3) This section does not apply if:
   59         (a) The tenant is the mortgagor in the subject foreclosure
   60  or is the child, spouse, or parent of the mortgagor in the
   61  subject foreclosure.
   62         (b) The tenant’s rental agreement is not the result of an
   63  arm’s length transaction.
   64         (c) The tenant’s rental agreement allows the tenant to pay
   65  rent that is substantially less than the fair market rent for
   66  the premises, unless the rent is reduced or subsidized due to a
   67  federal, state, or local subsidy.
   68         (4) This section does not preclude the purchaser from
   69  assuming the prior rental agreement of the tenant, in which case
   70  the purchaser becomes the landlord and is governed by this part.
   71         (5) A lender foreclosing on residential premises occupied
   72  by a tenant does not assume the obligations of a landlord unless
   73  and until the lender and the tenant enter into a new rental
   74  agreement.
   75         Section 2. This act shall take effect upon becoming a law.