| 1 | A bill to be entitled |
| 2 | An act relating to rental property foreclosure; creating |
| 3 | s. 45.036, F.S.; providing applicability; providing a |
| 4 | definition; subjecting the interest taken in foreclosure |
| 5 | by a successor in interest to specified limitations and |
| 6 | requirements; requiring notice to certain tenants |
| 7 | regarding foreclosure; providing an exception; providing |
| 8 | legislative intent; providing an effective date. |
| 9 |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
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| 12 | Section 1. Section 45.036, Florida Statutes, is created to |
| 13 | read: |
| 14 | 45.036 Rights of a residential tenant in foreclosure |
| 15 | actions.- |
| 16 | (1) APPLICABILITY.-This section applies only to a bona |
| 17 | fide lease or tenancy and a bona fide tenant. |
| 18 | (a) For purposes of this section, a lease or tenancy is |
| 19 | bona fide only if it applies to real property that is: |
| 20 | 1. Occupied by a tenant who is not the mortgagor or the |
| 21 | child, spouse, or parent of the mortgagor. |
| 22 | 2. Subject to the Florida Residential Landlord and Tenant |
| 23 | Act, part II of chapter 83. |
| 24 | 3. Subject to a lease or tenancy that was the result of an |
| 25 | arm's length transaction, and the lease or tenancy requires the |
| 26 | receipt of rent that is not substantially less than fair market |
| 27 | rent for the property or the unit's rent is reduced or |
| 28 | subsidized due to a federal, state, or local subsidy. |
| 29 | 4. Subject to a foreclosure action. |
| 30 | (b) As used in this section, the term "bona fide tenant" |
| 31 | means a person who occupies real property under a lease or |
| 32 | tenancy meeting the requirements of paragraph (a). |
| 33 | (2) NOTICE TO VACATE AFTER FORECLOSURE SALE.- |
| 34 | (a) In the case of any foreclosure of any dwelling or |
| 35 | residential real property, any immediate successor in interest |
| 36 | in the property pursuant to the foreclosure assumes that |
| 37 | interest subject to: |
| 38 | 1. The provision, by the immediate successor in interest, |
| 39 | of a notice to vacate to any bona fide tenant at least 90 days |
| 40 | before the effective date of the notice; and |
| 41 | 2. The rights of any bona fide tenant as of the date of |
| 42 | the notice of foreclosure: |
| 43 | a. Under any bona fide lease entered into before the |
| 44 | notice of foreclosure to occupy the premises until the end of |
| 45 | the remaining term of the lease, except that a successor in |
| 46 | interest may terminate a lease effective on the date of sale of |
| 47 | the unit to a purchaser who will occupy the unit as a primary |
| 48 | residence, subject to the receipt by the tenant of the 90-day |
| 49 | notice under subparagraph 1.; or |
| 50 | b. Without a lease or with a lease terminable at will, |
| 51 | subject to the receipt by the tenant of the 90-day notice under |
| 52 | subparagraph 1. |
| 53 | (b) This subsection does not affect the requirements for |
| 54 | termination of any federal- or state-subsidized tenancy or any |
| 55 | law that provides longer time periods or other additional |
| 56 | protections for tenants. |
| 57 | (c) It is the intent of the Legislature that this |
| 58 | subsection be interpreted in harmony with the federal Protecting |
| 59 | Tenants at Foreclosure Act of 2009, as amended. |
| 60 | Section 2. This act shall take effect July 1, 2011. |