Bill Text: FL H0415 | 2010 | Regular Session | Introduced

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Bill Title: Termination/Residential Rental Agreement

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Failed) 2010-04-30 - Died in Committee on Civil Justice & Courts Policy (CCJP) [H0415 Detail]

Download: Florida-2010-H0415-Introduced.html

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HB 415

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