Bill Text: FL S0606 | 2010 | Regular Session | Comm Sub

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-Comm_Sub.html

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Florida Senate - 2010                              CS for SB 606 
 
By the Committee on Banking and Insurance; and Senators Gelber 
and Joyner 
597-04817A-10                                          2010606c1 
1                        A bill to be entitled 
2         An act relating to the termination of rental 
3         agreements; amending s. 83.49, F.S.; requiring the 
4         landlord or mortgagor or its agent to tender to the 
5         registry of the court or to the foreclosing entity all 
6         funds held for advance rent or security deposits at 
7         the time of foreclosure; directing that such funds 
8         continue to be held for the use and benefit of the 
9         tenants of the foreclosed property; providing that a 
10         landlord or mortgagor or its agent commits a theft if 
11         the landlord or mortgagor or its agent do not comply 
12         with certain specified provisions of law; creating s. 
13         83.683, F.S.; providing that a purchaser of 
14         residential property in foreclosure may terminate a 
15         tenant’s residential rental agreement under certain 
16         circumstances; providing an exception for an immediate 
17         purchaser intending to sell the property to a buyer 
18         who intends to occupy the foreclosure premises as his 
19         or her primary residence; setting forth the content to 
20         be included in the termination notice to be given to 
21         the tenant; providing certain exceptions to 
22         application of the act; requiring the immediate 
23         purchaser named in the certificate of title to credit 
24         the tenant’s account for any deposit money paid by the 
25         tenant and for any advance rent for the unexpired 
26         rental period; providing for future expiration; 
27         amending s. 83.803, F.S.; redefining the term “last 
28         known address” as it relates to the Self-storage 
29         Facility Act; providing an effective date. 
30 
31  Be It Enacted by the Legislature of the State of Florida: 
32 
33         Section 1. Subsections (10) and (11) are added to section 
34  83.49, Florida Statutes, to read: 
35         83.49 Deposit money or advance rent; duty of landlord and 
36  tenant.— 
37         (10) Upon the filing of foreclosure, the landlord or 
38  mortgagor or its agent shall tender to the registry of the court 
39  or, at the foreclosing entity’s election, to the foreclosing 
40  entity, all funds held for advance rent or security deposits for 
41  tenants of the mortgaged property, which shall continue to be 
42  held for the use and benefit of the tenants. 
43         (11) Failure by the landlord or mortgagor or its agent to 
44  comply with the provisions of subsection (1) or subsection (10) 
45  constitutes a theft as defined in s. 812.014. 
46         Section 2. Section 83.683, Florida Statutes, is created to 
47  read: 
48         83.683 Termination of rental agreement upon foreclosure.— 
49         (1)(a) Upon issuance of a certificate of title pursuant to 
50  s. 45.031, if a tenant is occupying the residential premises and 
51  is not excluded by subsection(2), the immediate purchaser named 
52  in the certificate of title takes title to the residential 
53  premises as a landlord, and may terminate the residential rental 
54  agreement by delivering a written 90-day notice to the tenant. 
55         (b)1. If there is an existing written rental agreement 
56  entered into before the certificate of title was issued, the 
57  tenant may remain in possession of the premises until the end of 
58  the lease term or at least 90 days following the date the tenant 
59  receives a copy of the written notice of termination, whichever 
60  is greater. 
61         2. However, if the immediate purchaser named in the 
62  certificate of title sells the premises to a purchaser who will 
63  occupy the premises as a primary residence, the immediate 
64  purchaser may terminate the written rental agreement and the 
65  tenant is entitled to a written 90-day notice of termination. 
66         (c) The 90-day notice to terminate the rental agreement 
67  must be in substantially the following form: 
68 
69         You are hereby advised that your rental agreement is 
70         terminated effective 90 days following the date that 
71         this written termination notice is delivered to you, 
72         or at the end of the term of your written rental 
73         agreement, whichever is later, and that I demand 
74         possession of the premises upon that date. You are 
75         still obligated to pay rent during the 90 days or 
76         during the term of your written rental agreement, in 
77         the amount you have been paying. Rent shall be 
78         delivered to [name], [address]. 
79 
80         (d) Delivery of the written notice must be in the manner as 
81  provided in s. 83.56(4). 
82         (2) Subsection (1) does not apply if: 
83         (a) The mortgagor being foreclosed, or the child, spouse, 
84  or parent of the mortgagor being foreclosed, is occupying the 
85  dwelling unit being foreclosed, unless it is a multiunit 
86  property and other tenants occupy dwelling units; 
87         (b) The rental agreement is not an arms-length transaction; 
88  or 
89         (c) The rental agreement allows rent that is substantially 
90  less than the fair market rent for the premises, unless the rent 
91  is reduced or subsidized due to a federal, state, or local 
92  subsidy. 
93         (3) The immediate purchaser named in the certificate of 
94  title issued pursuant to s. 45.031 shall credit the tenant’s 
95  account for any deposit money paid by the tenant to the 
96  predecessor in interest and may make claims against the deposit 
97  pursuant to s. 83.49(1). The immediate purchaser shall also 
98  credit the tenant’s account for any advance rent for the 
99  unexpired rental period. The tenant must provide evidence of the 
100  amount of the security deposit or advance rent in order to 
101  receive the credit. This subsection applies only to the extent 
102  that the security deposit or advance rent is in the possession 
103  of the immediate purchaser or the foreclosing mortgagee. 
104         (4) This section expires December 31, 2012. 
105         Section 3. Subsection (6) of section 83.803, Florida 
106  Statutes, is amended to read: 
107         83.803 Definitions.—As used in ss. 83.801-83.809: 
108         (6) “Last known address” means the street address, post 
109  office box, or electronic mail that address provided by the 
110  tenant in the latest rental agreement or in a subsequent written 
111  notice of change of address provided by hand delivery, first 
112  class mail, or electronic mail the address provided by the 
113  tenant by hand delivery or certified mail in a subsequent 
114  written notice of a change of address. 
115         Section 4. This act shall take effect upon becoming a law.