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

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-Engrossed.html

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CS for SB 606                                    First Engrossed 
2010606e1 
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         providing an effective date. 
28 
29  Be It Enacted by the Legislature of the State of Florida: 
30 
31         Section 1. Subsections (10) and (11) are added to section 
32  83.49, Florida Statutes, to read: 
33         83.49 Deposit money or advance rent; duty of landlord and 
34  tenant.— 
35         (10) Upon the filing of foreclosure, the landlord or 
36  mortgagor or its agent shall tender to the registry of the court 
37  or, at the foreclosing entity’s election, to the foreclosing 
38  entity, all funds held for advance rent or security deposits for 
39  tenants of the mortgaged property, which shall continue to be 
40  held for the use and benefit of the tenants. 
41         (11) Failure by the landlord or mortgagor or its agent to 
42  comply with the provisions of subsection (1) or subsection (10) 
43  constitutes a theft as defined in s. 812.014. 
44         Section 2. Section 83.683, Florida Statutes, is created to 
45  read: 
46         83.683 Termination of rental agreement upon foreclosure.— 
47         (1)(a) Upon issuance of a certificate of title pursuant to 
48  s. 45.031, if a tenant is occupying the residential premises and 
49  is not excluded by subsection(2), the immediate purchaser named 
50  in the certificate of title takes title to the residential 
51  premises as a landlord, and may terminate the residential rental 
52  agreement by delivering a written 90-day notice to the tenant. 
53         (b)1. If there is an existing written rental agreement 
54  entered into before the certificate of title was issued, the 
55  tenant may remain in possession of the premises until the end of 
56  the lease term or at least 90 days following the date the tenant 
57  receives a copy of the written notice of termination, whichever 
58  is greater. 
59         2. However, if the immediate purchaser named in the 
60  certificate of title sells the premises to a purchaser who will 
61  occupy the premises as a primary residence, the immediate 
62  purchaser may terminate the written rental agreement and the 
63  tenant is entitled to a written 90-day notice of termination. 
64         (c) The 90-day notice to terminate the rental agreement 
65  must be in substantially the following form: 
66 
67         You are hereby advised that your rental agreement is 
68         terminated effective 90 days following the date that 
69         this written termination notice is delivered to you, 
70         or at the end of the term of your written rental 
71         agreement, whichever is later, and that I demand 
72         possession of the premises upon that date. You are 
73         still obligated to pay rent during the 90 days or 
74         during the term of your written rental agreement, in 
75         the amount you have been paying. Rent shall be 
76         delivered to [name], [address]. 
77 
78         (d) Delivery of the written notice must be in the manner as 
79  provided in s. 83.56(4). 
80         (2) Subsection (1) does not apply if: 
81         (a) The mortgagor being foreclosed, or the child, spouse, 
82  or parent of the mortgagor being foreclosed, is occupying the 
83  dwelling unit being foreclosed, unless it is a multiunit 
84  property and other tenants occupy dwelling units; 
85         (b) The rental agreement is not an arms-length transaction; 
86  or 
87         (c) The rental agreement allows rent that is substantially 
88  less than the fair market rent for the premises, unless the rent 
89  is reduced or subsidized due to a federal, state, or local 
90  subsidy. 
91         (3) The immediate purchaser named in the certificate of 
92  title issued pursuant to s. 45.031 shall credit the tenant’s 
93  account for any deposit money paid by the tenant to the 
94  predecessor in interest and may make claims against the deposit 
95  pursuant to s. 83.49. The immediate purchaser shall also credit 
96  the tenant’s account for any advance rent for the unexpired 
97  rental period. The tenant must provide evidence of the amount of 
98  the security deposit or advance rent in order to receive the 
99  credit. This subsection applies only to the extent that the 
100  security deposit or advance rent is in the possession of the 
101  immediate purchaser or the foreclosing mortgagee. 
102         (4) This section expires December 31, 2012. 
103         Section 3. This act shall take effect upon becoming a law.