Florida Senate - 2015 CS for CS for SB 524 By the Committees on Rules; and Banking and Insurance; and Senator Soto 595-04193-15 2015524c2 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 that a lender foreclosing on 15 tenant-occupied residential premises does not assume 16 the obligations of a landlord unless certain 17 conditions are met; providing an effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Section 83.561, Florida Statutes, is created to 22 read: 23 83.561 Termination of rental agreement upon foreclosure.— 24 (1) If a tenant is occupying residential premises that are 25 the subject of a foreclosure sale, upon issuance of a 26 certificate of title following the sale, the purchaser named in 27 the certificate of title takes title to the residential premises 28 subject to the rights of the tenant under this section. 29 (a) The tenant may remain in possession of the premises for 30 30 days following the date of the purchaser’s delivery of a 31 written 30-day notice of termination. 32 (b) The tenant is entitled to the protections of s. 83.67. 33 (c) The 30-day notice of termination must be in 34 substantially the following form: 35 36 NOTICE TO TENANT OF TERMINATION 37 38 You are hereby notified that your rental agreement is 39 terminated on the date of delivery of this notice and your 40 occupancy is terminated 30 days following the date of the 41 delivery of this notice and that I demand possession of the 42 premises on that ...(date).... If you do not vacate the premises 43 by this date, I will ask the court for an order allowing me to 44 remove you and your belongings from the premises. You are 45 obligated to pay rent during the 30-day period for any amount 46 that might accrue during that period. Your rent must be 47 delivered to ...(landlord’s name and address).... 48 49 (d) The 30-day notice of termination shall be delivered in 50 the same manner as provided in s. 83.56(4). 51 (2) The purchaser at the foreclosure sale may apply to the 52 court for a writ of possession based upon a sworn affidavit that 53 the 30-day notice of termination was delivered to the tenant and 54 the tenant has failed to vacate the premises at the conclusion 55 of the 30-day period. If the court awards the writ of 56 possession, the writ must be served on the tenant. The writ of 57 possession shall be governed by s. 83.62. 58 (3) This section does not apply if: 59 (a) The tenant is the mortgagor in the subject foreclosure 60 or is the child, spouse, or parent of the mortgagor in the 61 subject foreclosure. 62 (b) The tenant’s rental agreement is not the result of an 63 arm’s length transaction. 64 (c) The tenant’s rental agreement allows the tenant to pay 65 rent that is substantially less than the fair market rent for 66 the premises, unless the rent is reduced or subsidized due to a 67 federal, state, or local subsidy. 68 (4) This section does not preclude the purchaser from 69 assuming the prior rental agreement of the tenant, in which case 70 the purchaser becomes the landlord and is governed by this part. 71 (5) A lender foreclosing on residential premises occupied 72 by a tenant does not assume the obligations of a landlord unless 73 and until the lender and the tenant enter into a new rental 74 agreement. 75 Section 2. This act shall take effect upon becoming a law.