Florida Senate - 2015 COMMITTEE AMENDMENT Bill No. SB 524 Ì707930$Î707930 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/07/2015 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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.