Bill Text: FL S0606 | 2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Termination of Rental Agreement [SPSC]

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Failed) 2010-04-30 - Died in Messages [S0606 Detail]

Download: Florida-2010-S0606-Introduced.html

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Florida Senate - 2010                                     SB 606 
 
By Senator Gelber 
35-00552A-10                                           2010606__ 
1                        A bill to be entitled 
2         An act relating to the termination of a residential 
3         rental agreement upon foreclosure; creating s. 83.683, 
4         F.S.; providing that a purchaser of residential 
5         property in foreclosure may terminate a tenant’s 
6         residential rental agreement under certain 
7         circumstances; providing an exception for an immediate 
8         purchaser intending to sell the property to a buyer 
9         who intends to occupy the foreclosure premises as his 
10         or her primary residence; setting forth the content to 
11         be included in the termination notice to be given to 
12         the tenant; providing certain exceptions to 
13         application of the act; requiring the immediate 
14         purchaser named in the certificate of title to credit 
15         the tenant’s account for any deposit money paid by the 
16         tenant and for any advance rent for the unexpired 
17         rental period; providing for future expiration of the 
18         act; providing an effective date. 
19 
20  Be It Enacted by the Legislature of the State of Florida: 
21 
22         Section 1. Section 83.683, Florida Statutes, is created to 
23  read: 
24         83.683 Termination of rental agreement upon foreclosure.— 
25         (1)(a) Upon issuance of a certificate of title pursuant to 
26  s. 45.031, if a tenant is occupying the residential premises and 
27  is not excluded by subsection(2), the immediate purchaser named 
28  in the certificate of title takes title to the residential 
29  premises as a landlord, and may terminate the residential rental 
30  agreement by delivering a written 90-day notice to the tenant. 
31         (b)1. If there is an existing written rental agreement 
32  entered into before the certificate of title was issued, the 
33  tenant may remain in possession of the premises until the end of 
34  the lease term or at least 90 days following the date the tenant 
35  receives a copy of the written notice of termination, whichever 
36  is greater. 
37         2. However, if the immediate purchaser named in the 
38  certificate of title sells the premises to a purchaser who will 
39  occupy the premises as a primary residence, the immediate 
40  purchaser may terminate the written rental agreement and the 
41  tenant is entitled to a written 90-day notice of termination. 
42         (c) The 90-day notice to terminate the rental agreement 
43  must be in substantially the following form: 
44 
45         You are hereby advised that your rental agreement is 
46         terminated effective 90 days following the date that 
47         this written termination notice is delivered to you, 
48         or at the end of the term of your written rental 
49         agreement, whichever is later, and that I demand 
50         possession of the premises upon that date. You are 
51         still obligated to pay rent during the 90 days or 
52         during the term of your written rental agreement, in 
53         the amount you have been paying. Rent shall be 
54         delivered to [name], [address]. 
55 
56         (d) Delivery of the written notice must be in the manner as 
57  provided in s. 83.56(4). 
58         (2) Subsection (1) does not apply if: 
59         (a) The mortgagor being foreclosed, or the child, spouse, 
60  or parent of the mortgagor being foreclosed, is occupying the 
61  dwelling unit being foreclosed, unless it is a multiunit 
62  property and other tenants occupy dwelling units; 
63         (b) The rental agreement is not an arms-length transaction; 
64  or 
65         (c) The rental agreement allows rent that is substantially 
66  less than the fair market rent for the premises, unless the rent 
67  is reduced or subsidized due to a federal, state, or local 
68  subsidy. 
69         (3) The immediate purchaser named in the certificate of 
70  title issued pursuant to s. 45.031 shall credit the tenant’s 
71  account for any deposit money paid by the tenant to the 
72  predecessor in interest and may make claims against the deposit 
73  pursuant to s. 83.49(1). The immediate purchaser shall also 
74  credit the tenant’s account for any advance rent for the 
75  unexpired rental period. The tenant must provide evidence of the 
76  amount of the security deposit or advance rent in order to 
77  receive the credit. 
78         (4) This section expires December 31, 2012. 
79         Section 2. This act shall take effect upon becoming a law.