Florida Senate - 2015 COMMITTEE AMENDMENT
Bill No. SB 524
Ì707930$Î707930
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/07/2015 .
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The Committee on Banking and Insurance (Clemens) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 83.561, Florida Statutes, is created to
6 read:
7 83.561 Termination of rental agreement upon foreclosure.—
8 (1) If a tenant is occupying residential premises that are
9 the subject of a foreclosure sale, upon issuance of a
10 certificate of title following the sale, the purchaser named in
11 the certificate of title takes title to the residential premises
12 subject to the rights of the tenant under this section.
13 (a) The tenant may remain in possession of the premises for
14 30 days following the date of the purchaser’s delivery of a
15 written 30-day notice of termination.
16 (b) The tenant is entitled to the protections of s. 83.67.
17 (c) The 30-day notice of termination must be in
18 substantially the following form:
19
20 NOTICE TO TENANT OF TERMINATION
21
22 You are hereby notified that your rental agreement is
23 terminated on the date of delivery of this notice and your
24 occupancy is terminated 30 days following the date of the
25 delivery of this notice and that I demand possession of the
26 premises on that ...(date).... If you do not vacate the premises
27 by this date, I will ask the court for an order allowing me to
28 remove you and your belongings from the premises. You are
29 obligated to pay rent during the 30-day period for any amount
30 that might accrue during that period. Your rent must be
31 delivered to ...(landlord’s name and address)....
32
33 (d) The 30-day notice of termination shall be delivered in
34 the same manner as provided in s. 83.56(4).
35 (2) The purchaser at the foreclosure sale may apply to the
36 court for a writ of possession based upon a sworn affidavit that
37 the 30-day notice of termination was delivered to the tenant and
38 the tenant has failed to vacate the premises at the conclusion
39 of the 30-day period. If the court awards the writ of
40 possession, the writ must be served on the tenant. The writ of
41 possession shall be governed by s. 83.62.
42 (3) This section does not apply if:
43 (a) The tenant is the mortgagor in the subject foreclosure
44 or is the child, spouse, or parent of the mortgagor in the
45 subject foreclosure.
46 (b) The tenant’s rental agreement is not the result of an
47 arm’s length transaction.
48 (c) The tenant’s rental agreement allows the tenant to pay
49 rent that is substantially less than the fair market rent for
50 the premises, unless the rent is reduced or subsidized due to a
51 federal, state, or local subsidy.
52 (4) This section does not preclude the purchaser from
53 assuming the prior rental agreement of the tenant; in which
54 case, the purchaser becomes the landlord and is governed by this
55 part.
56 Section 2. This act shall take effect upon becoming a law.
57
58 ================= T I T L E A M E N D M E N T ================
59 And the title is amended as follows:
60 Delete everything before the enacting clause
61 and insert:
62 A bill to be entitled
63 An act relating to rental agreements; creating s.
64 83.561, F.S.; providing that a purchaser taking title
65 to a tenant-occupied residential property following a
66 foreclosure sale takes title to the property subject
67 to the rights of the tenant; specifying the rights of
68 the tenant; authorizing a tenant to remain in
69 possession of the property for 30 days following
70 receipt of a written notice; prescribing the form for
71 a 30-day notice of termination; establishing
72 requirements for delivery of the notice; authorizing a
73 purchaser to apply for a writ of possession if the
74 tenant refuses to vacate the property; providing
75 exceptions; providing for construction; providing an
76 effective date.