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The Florida Senate

CS/CS/HB 779 — Rental Agreements

by Judiciary Committee; Civil Justice Subcommittee; and Rep. M. Jones and others (CS/CS/SB 524 by Rules Committee; Banking and Insurance Committee; and Senator Soto)

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Judiciary Committee (JU)

The bill addresses situations in which a tenant occupies a residential premises at the same time that a new owner acquires title to the property after a foreclosure sale. The bill authorizes the purchaser to provide a notice to the tenant which terminates the rental agreement upon delivery of the notice and terminates the occupancy of the tenant 30 days after the notice is delivered.

During the 30-day period, the new owner may collect rent. The owner, however, may not engage in practices that are prohibited in landlord and tenant relationships, such as terminating utilities or preventing the tenant from having access to the property.

If the tenant fails to vacate the property within the 30-day period, the owner may petition the court for a writ of possession. A writ of possession entitles the owner to possession of the property 24 hours after notice is conspicuously posted on the premises.

If approved by the Governor, these provisions take effect upon becoming law.

Vote: Senate 39-0; House 114-0