HB 875

1	A bill to be entitled
2	An act relating to landlord-tenant relations; requiring
3	the landlord or the landlord's agent to notify the
4	mortgagee in writing within a specified period that the
5	premises is being rented as a dwelling unit; requiring the
6	landlord to give a copy of the notice to the tenant at the
7	time the landlord notifies the mortgagee; requiring the
8	landlord or the landlord's agent to notify the mortgagee
9	of any change in the rental agreement; providing that each
10	tenant of the premises is a party to a proceeding to
11	foreclose any note or mortgage covering the premises;
12	requiring that, following a notice of foreclosure, the
13	landlord pay into the registry of the court deposit money
14	received by the landlord; prohibiting any purchaser who
15	receives a certificate of title on a foreclosed premises
16	from taking possession of the premises earlier than 60
17	days after the tenant is given written notice of the
18	foreclosure; requiring the purchaser to notify each tenant
19	by registered mail; requiring a landlord or the landlord's
20	agent to inform any prospective or current tenant of any
21	problem that, to the best of the knowledge of the landlord
22	or the landlord's agent, may cause the premises to be
23	subject to a foreclosure proceeding; providing an
24	effective date.
25
26	Be It Enacted by the Legislature of the State of Florida:
27
28	Section 1.  Foreclosure notice provisions for rental
29	property.--
30	(1)(a)  If a premises of which a dwelling unit is a part is
31	subject to a rental agreement and the premises is subject to a
32	note or mortgage, the landlord or the landlord's agent shall
33	notify the mortgagee in writing that the premises is being
34	rented as a dwelling unit. Notice shall be given no later than
35	30 days after the rental agreement has been signed. The notice
36	must state the name of the tenant, the length of time of the
37	rental agreement, and the address of the dwelling unit that is
38	subject to the rental agreement. The landlord or landlord's
39	agent shall give the tenant a copy of the notice at the time the
40	landlord or landlord's agent notifies the mortgagee.
41	(b)  The landlord or the landlord's agent shall notify the
42	mortgagee of any change in the rental agreement no later than 14
43	days after learning of the change.
44	(2)  Each tenant of the premises is a party to a proceeding
45	to foreclose any note or mortgage covering the premises that is
46	subject to a rental agreement between the tenant and the
47	landlord.
48	(3)  Upon receipt of a notice of a foreclosure proceeding
49	regarding the premises that is subject to a rental agreement,
50	the landlord shall pay into the registry of the court any
51	deposit money received by the landlord from the tenant under the
52	rental agreement no later than 14 days after receipt of the
53	notice of a foreclosure proceeding.
54	(4)  Any purchaser who receives a certificate of title on a
55	foreclosed premises may take possession of the premises that is
56	subject to a rental agreement no earlier than 60 days after the
57	tenant has been given written notice of the foreclosure. The
58	notice must state that the premises has been sold and the
59	purchaser desires to take possession of the premises. The
60	purchaser must give notice to each tenant by registered mail,
61	return receipt requested.
62	(5)  A landlord or the landlord's agent who rents a
63	premises that is subject to a note or mortgage must inform a
64	prospective or current tenant if the premises is in a
65	foreclosure proceeding or whether there are problems that, to
66	the best of the knowledge of the landlord or the landlord's
67	agent, may cause the premises to be subject to a foreclosure
68	proceeding.
69	Section 2.  This act shall take effect July 1, 2009.

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