Florida Senate - 2015 CS for SB 524
By the Committee on Banking and Insurance; and Senator Soto
597-03622-15 2015524c1
1 A bill to be entitled
2 An act relating to rental agreements; creating s.
3 83.561, F.S.; providing that a purchaser takes title
4 to a tenant-occupied residential property following a
5 foreclosure sale subject to the rights of the tenant;
6 specifying the rights of the tenant; authorizing a
7 tenant to remain in possession of the property for 30
8 days following receipt of a written notice;
9 prescribing the form for a 30-day notice of
10 termination; establishing requirements for delivery of
11 the notice; authorizing a purchaser to apply for a
12 writ of possession if the tenant refuses to vacate the
13 property; providing exceptions; providing for
14 construction; providing an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Section 83.561, Florida Statutes, is created to
19 read:
20 83.561 Termination of rental agreement upon foreclosure.—
21 (1) If a tenant is occupying residential premises that are
22 the subject of a foreclosure sale, upon issuance of a
23 certificate of title following the sale, the purchaser named in
24 the certificate of title takes title to the residential premises
25 subject to the rights of the tenant under this section.
26 (a) The tenant may remain in possession of the premises for
27 30 days following the date of the purchaser’s delivery of a
28 written 30-day notice of termination.
29 (b) The tenant is entitled to the protections of s. 83.67.
30 (c) The 30-day notice of termination must be in
31 substantially the following form:
32
33 NOTICE TO TENANT OF TERMINATION
34
35 You are hereby notified that your rental agreement is
36 terminated on the date of delivery of this notice and your
37 occupancy is terminated 30 days following the date of the
38 delivery of this notice and that I demand possession of the
39 premises on that ...(date).... If you do not vacate the premises
40 by this date, I will ask the court for an order allowing me to
41 remove you and your belongings from the premises. You are
42 obligated to pay rent during the 30-day period for any amount
43 that might accrue during that period. Your rent must be
44 delivered to ...(landlord’s name and address)....
45
46 (d) The 30-day notice of termination shall be delivered in
47 the same manner as provided in s. 83.56(4).
48 (2) The purchaser at the foreclosure sale may apply to the
49 court for a writ of possession based upon a sworn affidavit that
50 the 30-day notice of termination was delivered to the tenant and
51 the tenant has failed to vacate the premises at the conclusion
52 of the 30-day period. If the court awards the writ of
53 possession, the writ must be served on the tenant. The writ of
54 possession shall be governed by s. 83.62.
55 (3) This section does not apply if:
56 (a) The tenant is the mortgagor in the subject foreclosure
57 or is the child, spouse, or parent of the mortgagor in the
58 subject foreclosure.
59 (b) The tenant’s rental agreement is not the result of an
60 arm’s length transaction.
61 (c) The tenant’s rental agreement allows the tenant to pay
62 rent that is substantially less than the fair market rent for
63 the premises, unless the rent is reduced or subsidized due to a
64 federal, state, or local subsidy.
65 (4) This section does not preclude the purchaser from
66 assuming the prior rental agreement of the tenant, in which case
67 the purchaser becomes the landlord and is governed by this part.
68 Section 2. This act shall take effect upon becoming a law.