October 23, 2020
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_h0415__
HB 415

1
A bill to be entitled
2An act relating to the termination of a residential rental
3agreement upon foreclosure; creating s. 83.683, F.S.;
4providing that a purchaser of residential property in
5foreclosure may terminate a tenant's residential rental
6agreement under certain circumstances; providing an
7exception for an immediate purchaser intending to sell the
8property to a buyer who intends to occupy the foreclosure
9premises as his or her primary residence; setting forth
10the content to be included in the termination notice to be
11given to the tenant; providing certain exceptions to
12application of the act; requiring the immediate purchaser
13named in the certificate of title to credit the tenant's
14account for any deposit money paid by the tenant and for
15any advance rent for the unexpired rental period;
16providing for future expiration of the act; providing an
17effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Section 83.683, Florida Statutes, is created to
22read:
23     83.683  Termination of rental agreement upon foreclosure.-
24     (1)(a)  Upon issuance of a certificate of title pursuant to
25s. 45.031, if a tenant is occupying the residential premises and
26is not excluded by subsection (2), the immediate purchaser named
27in the certificate of title takes title to the residential
28premises as a landlord, and may terminate the residential rental
29agreement by delivering a written 90-day notice to the tenant.
30     (b)1.  If there is an existing written rental agreement
31entered into before the certificate of title was issued, the
32tenant may remain in possession of the premises until the end of
33the lease term or at least 90 days following the date the tenant
34receives a copy of the written notice of termination, whichever
35is greater.
36     2.  However, if the immediate purchaser named in the
37certificate of title sells the premises to a purchaser who will
38occupy the premises as a primary residence, the immediate
39purchaser may terminate the written rental agreement and the
40tenant is entitled to a written 90-day notice of termination.
41     (c)  The 90-day notice to terminate the rental agreement
42must be in substantially the following form:
43
44You are hereby advised that your rental agreement is
45terminated effective 90 days following the date that
46this written termination notice is delivered to you,
47or at the end of the term of your written rental
48agreement, whichever is later, and that I demand
49possession of the premises upon that date. You are
50still obligated to pay rent during the 90 days or
51during the term of your written rental agreement, in
52the amount you have been paying. Rent shall be
53delivered to [name], [address].
54
55     (d)  Delivery of the written notice must be in the manner
56as provided in s. 83.56(4).
57     (2)  Subsection (1) does not apply if:
58     (a)  The mortgagor being foreclosed, or the child, spouse,
59or parent of the mortgagor being foreclosed, is occupying the
60dwelling unit being foreclosed, unless it is a multiunit
61property and other tenants occupy dwelling units;
62     (b)  The rental agreement is not an arms-length
63transaction; or
64     (c)  The rental agreement allows rent that is substantially
65less than the fair market rent for the premises, unless the rent
66is reduced or subsidized due to a federal, state, or local
67subsidy.
68     (3)  The immediate purchaser named in the certificate of
69title issued pursuant to s. 45.031 shall credit the tenant's
70account for any deposit money paid by the tenant to the
71predecessor in interest and may make claims against the deposit
72pursuant to s. 83.49(1). The immediate purchaser shall also
73credit the tenant's account for any advance rent for the
74unexpired rental period. The tenant must provide evidence of the
75amount of the security deposit or advance rent in order to
76receive the credit.
77     (4)  This section expires December 31, 2012.
78     Section 2.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.
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