October 26, 2020
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       Florida Senate - 2010                                    SB 2242
       
       
       
       By the Committee on Judiciary
       
       
       
       
       590-02215-10                                          20102242__
    1                        A bill to be entitled                      
    2         An act relating to foreclosure; creating s. 83.495,
    3         F.S.; requiring that during foreclosure proceedings a
    4         landlord continue to hold money deposited or advanced
    5         by a tenant in a specified manner; requiring a
    6         landlord to disclose the existence of foreclosure
    7         proceedings to a prospective tenant; exempting an
    8         agent of a landlord from liability for failing to
    9         notify prospective tenants of foreclosure proceedings
   10         under certain circumstances; creating s. 83.683, F.S.;
   11         providing that a purchaser of residential property in
   12         foreclosure may terminate a tenant’s residential
   13         rental agreement under certain circumstances;
   14         providing an exception for an immediate purchaser
   15         intending to sell the property to a buyer who intends
   16         to occupy the foreclosure premises as his or her
   17         primary residence; setting forth the content to be
   18         included in the termination notice to be given to the
   19         tenant; providing certain exceptions to application of
   20         notice requirements; requiring that the immediate
   21         purchaser named in the certificate of title credit the
   22         tenant’s account for any deposit money paid by the
   23         tenant and for any advance rent for the unexpired
   24         rental period; providing for future expiration of
   25         portions of the act; providing an effective date.
   26  
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Section 83.495, Florida Statutes, is created to
   30  read:
   31         83.495Commencement of foreclosure; deposit money or
   32  advance rent; disclosure.—
   33         (1)After the initial service of a complaint to foreclose
   34  on property that is rented as a dwelling unit, the landlord or
   35  the landlord’s agent shall:
   36         (a)Continue to hold, as provided under s. 83.49, money
   37  deposited or advanced by a current tenant or a prospective
   38  tenant as security for performance of the rental agreement or as
   39  advance rent.
   40         (b) Before a prospective tenant executes a rental
   41  agreement, disclose the existence of the foreclosure proceeding
   42  to the prospective tenant in the rental agreement or other
   43  writing. The written disclosure must inform the prospective
   44  tenant that the foreclosure proceeding may affect the tenant’s
   45  right to possess and reside in the dwelling unit and that money
   46  deposited or advanced by the prospective tenant will be held for
   47  the benefit of the tenant as required in s. 83.49.
   48         (2)A landlord’s agent is not liable for failure to notify
   49  a prospective tenant of a foreclosure proceeding unless the
   50  agent received notice of the existence of the foreclosure
   51  proceeding from the landlord.
   52         Section 2. Section 83.683, Florida Statutes is created to
   53  read:
   54         83.683Termination of rental agreement upon foreclosure.—
   55         (1)(a)Except as provided in subsection (2), upon issuance
   56  of a certificate of title to a residential premises pursuant to
   57  s. 45.031 which is occupied by a tenant, the immediate purchaser
   58  named in the certificate of title takes title to the residential
   59  premises as a landlord, and may terminate the residential rental
   60  agreement by delivering a written 90-day notice to the tenant.
   61         (b)1.If there is a written rental agreement that was
   62  entered into before the certificate of title is issued, the
   63  tenant may remain in possession of the premises until the end of
   64  the lease term or for at least 90 days following the date that
   65  the tenant receives a copy of the written notice of termination,
   66  whichever period is longer.
   67         2.However, if the immediate purchaser named in the
   68  certificate of title sells the premises to a purchaser who will
   69  occupy the premises as a primary residence, the immediate
   70  purchaser may terminate the written rental agreement and the
   71  tenant is entitled to a written 90-day notice of termination.
   72         (c)The 90-day notice to terminate the rental agreement
   73  must be in substantially the following form:
   74  
   75         You are hereby advised that your rental agreement is
   76         terminated effective 90 days following the date that
   77         this written termination notice is delivered to you,
   78         or at the end of the term of your written rental
   79         agreement, whichever is later, and that I demand
   80         possession of the premises upon that date. You are
   81         still obligated to pay rent during the 90 days or
   82         during the term of your written rental agreement, in
   83         the amount you have been paying. Rent shall be
   84         delivered to [name], [address].
   85  
   86         (d)Delivery of the written notice must be in the manner as
   87  provided in s. 83.56(4).
   88         (2)The notice requirements of subsection (1) do not apply
   89  if:
   90         (a)The mortgagor being foreclosed, or the child, spouse,
   91  or parent of the mortgagor being foreclosed, is occupying the
   92  dwelling unit being foreclosed, unless it is a multiunit
   93  property and other tenants occupy dwelling units;
   94         (b)The rental agreement is not an arms-length transaction;
   95  or
   96         (c)The rental agreement allows rent that is substantially
   97  less than the fair market rent for the premises, unless the rent
   98  is reduced or subsidized due to a federal, state, or local
   99  subsidy.
  100         (3)The immediate purchaser named in the certificate of
  101  title issued pursuant to s. 45.031 shall credit the tenant’s
  102  account for any deposit money paid by the tenant to the
  103  predecessor in interest and may make claims against the deposit
  104  pursuant to s. 83.49. The immediate purchaser shall also credit
  105  the tenant’s account for any advance rent for the unexpired
  106  rental period. The tenant must provide evidence of the amount of
  107  the deposit money or advance rent in order to receive the
  108  credit.
  109         (4)This section expires December 31, 2012.
  110         Section 3. This act shall take effect upon becoming a law.

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