Bill Text: FL S2242 | 2010 | Regular Session | Introduced
Bill Title: Foreclosure
Spectrum: Unknown
Status: (Failed) 2010-04-30 - Died in Committee on Judiciary [S2242 Detail]
Download: Florida-2010-S2242-Introduced.html
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 83.495 Commencement 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 83.683 Termination 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.
