HB 1093

1	A bill to be entitled
2	An act relating to the termination of a rental agreement
3	at foreclosure; creating s. 83.683, F.S.; providing
4	legislative intent; prohibiting a landlord from
5	terminating the rental agreement without a specified
6	period of prior notice; requiring a landlord to notify
7	each tenant that foreclosure proceedings have been
8	initiated against the premises of which his or her
9	dwelling unit is a part; requiring that the written notice
10	include specified information; authorizing the tenant to
11	terminate the rental agreement under certain
12	circumstances; requiring the tenant to pay rent so long as
13	the tenant remains in the dwelling unit; prohibiting the
14	landlord from terminating a rental agreement before a
15	specified number of days after notifying the tenant that
16	the rental agreement will be terminated if the premises is
17	subject to foreclosure; authorizing the tenant to
18	terminate the rental agreement sooner than the required
19	period; requiring that the landlord mail the notice to
20	each tenant and post notice on the premises; providing for
21	application of the act; providing an effective date.
22
23	Be It Enacted by the Legislature of the State of Florida:
24
25	Section 1.  Section 83.683, Florida Statutes, is created to
26	read:
27	83.683  Termination of rental agreement at foreclosure;
28	notice; remedies.--
29	(1)  It is the intent of the Legislature to protect the
30	interests of tenants residing in a dwelling unit on premises
31	subject to foreclosure; therefore, the rental agreement of a
32	tenant residing in a unit within a premises that is subject to
33	foreclosure or that is foreclosed may not be terminated unless
34	the tenant is provided at least 90 days' prior written notice.
35	(2)(a)  If foreclosure proceedings are initiated against a
36	premises containing one or more dwelling units, the landlord
37	must notify each tenant in each dwelling unit in writing within
38	7 days after the petition for the foreclosure proceeding is
39	filed. The notice must inform the tenant that:
40	1.  Foreclosure proceedings have been initiated against the
41	premises of which the tenant's dwelling unit is a part and
42	foreclosure may affect the right of the tenant to continue to
43	reside in the dwelling unit.
44	2.  The landlord is prohibited by law from terminating the
45	rental agreement until at least 90 days after the landlord
46	delivers a termination notice to the tenant.
47	3.  The tenant may terminate the rental agreement after
48	receiving notice of initiation of the foreclosure proceeding by
49	giving the landlord written notice of the tenant's intention to
50	terminate the rental agreement; however, the tenant must give
51	the landlord at least 10 days' notice before terminating the
52	rental agreement.
53	(b)  If the tenant terminates the rental agreement, he or
54	she is liable for rent that may be due under the rental
55	agreement as of the effective date of the termination in an
56	amount that is prorated to the effective date of the
57	termination. Rent due under this paragraph is payable at the
58	time that it would have been payable under the terms of the
59	rental agreement being terminated. Except for rent for which the
60	tenant is liable under this paragraph, the tenant is not liable
61	for any rent or damages due solely to the early termination of
62	the rental agreement.
63	(3)(a)  If the premises of which a dwelling unit is a part
64	is foreclosed, the landlord may not terminate the rental
65	agreement of any tenant until 90 days after the landlord
66	provides written notice of the termination to the tenant. The
67	notice must inform the tenant that:
68	1.  The premises has been foreclosed and the rental
69	agreement will be terminated, but the landlord is prohibited by
70	law from terminating the agreement until at least 90 days after
71	written notice of termination is provided to the tenant.
72	2.  The tenant may terminate the rental agreement sooner
73	than 90 days after receiving notice of termination of the rental
74	agreement; however, the tenant must give the landlord at least
75	10 days' notice before the tenant terminates the rental
76	agreement.
77	(b)  If the tenant terminates the rental agreement, he or
78	she is liable for rent that may be due under the rental
79	agreement as of the effective date of the termination in an
80	amount that is prorated to the effective date of the
81	termination. Rent due under this paragraph is payable at the
82	time that it would have been payable under the terms of the
83	rental agreement being terminated. Except for rent for which the
84	tenant is liable under this paragraph, the tenant is not liable
85	for any rent or damages due solely to the early termination of
86	the rental agreement.
87	(4)(a)  Any notice that the landlord is required to provide
88	under this section must be delivered to each tenant in writing
89	and conspicuously posted on the premises of the dwelling unit.
90	(b)  The notice shall be sent by first-class mail to each
91	tenant who occupies a dwelling unit. For each tenant, the notice
92	shall be:
93	1.  Addressed to the name of the tenant or, if the name of
94	the tenant is unknown or cannot be ascertained, to "occupant";
95	and
96	2.  Sent to the address of the premises that is the subject
97	of the foreclosure.
98	Section 2.  This act shall take effect July 1, 2009, and
99	applies to premises containing one or more dwelling units which
100	are subject to foreclosure proceedings initiated on or after
101	that date.

CODING: Words stricken are deletions; words underlined are additions.