CS for SB 606 Second Engrossed
2010606e2
1 A bill to be entitled
2 An act relating to the termination of rental
3 agreements; amending s. 83.49, F.S.; requiring the
4 landlord or mortgagor or its agent to tender to the
5 registry of the court or to the foreclosing entity all
6 funds held for advance rent or security deposits at
7 the time of foreclosure; directing that such funds
8 continue to be held for the use and benefit of the
9 tenants of the foreclosed property; providing that a
10 landlord or mortgagor or its agent commits a theft if
11 the landlord or mortgagor or its agent do not comply
12 with certain specified provisions of law; providing
13 for penalties; creating s. 83.683, F.S.; providing
14 that a purchaser of residential property in
15 foreclosure may terminate a tenant’s residential
16 rental agreement under certain circumstances;
17 providing an exception for an immediate purchaser
18 intending to sell the property to a buyer who intends
19 to occupy the foreclosure premises as his or her
20 primary residence; setting forth the content to be
21 included in the termination notice to be given to the
22 tenant; providing certain exceptions to application of
23 the act; requiring the immediate purchaser named in
24 the certificate of title to credit the tenant’s
25 account for any deposit money paid by the tenant and
26 for any advance rent for the unexpired rental period;
27 providing for future expiration; providing an
28 effective date.
29
30 Be It Enacted by the Legislature of the State of Florida:
31
32 Section 1. Subsections (10) and (11) are added to section
33 83.49, Florida Statutes, to read:
34 83.49 Deposit money or advance rent; duty of landlord and
35 tenant.—
36 (10) Upon the filing of foreclosure, the landlord or
37 mortgagor or its agent shall tender to the registry of the court
38 or, at the foreclosing entity’s election, to the foreclosing
39 entity, all funds held for advance rent or security deposits for
40 tenants of the mortgaged property, which shall continue to be
41 held for the use and benefit of the tenants.
42 (11) Failure by the landlord or mortgagor or its agent to
43 comply with the provisions of subsection (1) or subsection (10)
44 constitutes a theft as defined in and punishable under s.
45 812.014 if the failure to comply is done knowingly and with the
46 intent to deprive the tenant of a right to the funds or a
47 benefit from the funds or to appropriate the funds for the
48 landlord’s, mortgagor’s, or agent’s own use or the use of a
49 person not entitled to the use of the funds.
50 Section 2. Section 83.683, Florida Statutes, is created to
51 read:
52 83.683 Termination of rental agreement upon foreclosure.—
53 (1)(a) Upon issuance of a certificate of title pursuant to
54 s. 45.031, if a tenant is occupying the residential premises and
55 is not excluded by subsection(2), the immediate purchaser named
56 in the certificate of title takes title to the residential
57 premises as a landlord, and may terminate the residential rental
58 agreement by delivering a written 90-day notice to the tenant.
59 (b)1. If there is an existing written rental agreement
60 entered into before the certificate of title was issued, the
61 tenant may remain in possession of the premises until the end of
62 the lease term or at least 90 days following the date the tenant
63 receives a copy of the written notice of termination, whichever
64 is greater.
65 2. However, if the immediate purchaser named in the
66 certificate of title sells the premises to a purchaser who will
67 occupy the premises as a primary residence, the immediate
68 purchaser may terminate the written rental agreement and the
69 tenant is entitled to a written 90-day notice of termination.
70 (c) The 90-day notice to terminate the rental agreement
71 must be in substantially the following form:
72
73 You are hereby advised that your rental agreement is
74 terminated effective 90 days following the date that
75 this written termination notice is delivered to you,
76 or at the end of the term of your written rental
77 agreement, whichever is later, and that I demand
78 possession of the premises upon that date. You are
79 still obligated to pay rent during the 90 days or
80 during the term of your written rental agreement, in
81 the amount you have been paying. Rent shall be
82 delivered to [name], [address].
83
84 (d) Delivery of the written notice must be in the manner as
85 provided in s. 83.56(4).
86 (2) Subsection (1) does not apply if:
87 (a) The mortgagor being foreclosed, or the child, spouse,
88 or parent of the mortgagor being foreclosed, is occupying the
89 dwelling unit being foreclosed, unless it is a multiunit
90 property and other tenants occupy dwelling units;
91 (b) The rental agreement is not an arms-length transaction;
92 or
93 (c) The rental agreement allows rent that is substantially
94 less than the fair market rent for the premises, unless the rent
95 is reduced or subsidized due to a federal, state, or local
96 subsidy.
97 (3) The immediate purchaser named in the certificate of
98 title issued pursuant to s. 45.031 shall credit the tenant’s
99 account for any deposit money paid by the tenant to the
100 predecessor in interest and may make claims against the deposit
101 pursuant to s. 83.49. The immediate purchaser shall also credit
102 the tenant’s account for any advance rent for the unexpired
103 rental period. The tenant must provide evidence of the amount of
104 the security deposit or advance rent in order to receive the
105 credit. This subsection applies only to the extent that the
106 security deposit or advance rent is in the possession of the
107 immediate purchaser or the foreclosing mortgagee.
108 (4) This section expires December 31, 2012.
109 Section 3. This act shall take effect upon becoming a law.