Florida Statutes 83.5615 – Protecting Tenants at Foreclosure Act
Current as of: 2024 | Check for updates
|
Other versions
(1) This section may be cited as the “Protecting Tenants at Foreclosure Act.”
(2) In the case of any foreclosure on a federally-related mortgage loan or on any dwelling or residential real property after the effective date of this section, any immediate successor in interest in such property pursuant to the foreclosure shall assume such interest subject to:
(a) The successor in interest providing a notice to vacate to any bona fide tenant at least 90 days before the effective date of the notice; and
Terms Used In Florida Statutes 83.5615
- Contract: A legal written agreement that becomes binding when signed.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Premises: means a dwelling unit and the structure of which it is a part and a mobile home lot and the appurtenant facilities and grounds, areas, facilities, and property held out for the use of tenants generally. See Florida Statutes 83.43
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Rent: means the periodic payments due the landlord from the tenant for occupancy under a rental agreement and any other payments due the landlord from the tenant as may be designated as rent in a written rental agreement. See Florida Statutes 83.43
- Tenant: means any person entitled to occupy a dwelling unit under a rental agreement. See Florida Statutes 83.43
(b) The rights of any bona fide tenant:
1. Under any bona fide lease entered into before the notice of foreclosure to occupy the premises until the end of the remaining term of the lease, except that a successor in interest may terminate a lease effective on the date of sale of the unit to a purchaser who will occupy the unit as a primary residence, subject to the tenant receiving the 90-day notice under paragraph (a); or
2. Without a lease or with a lease terminable at will, subject to the tenant receiving the 90-day notice under paragraph (a).
This subsection does not affect the requirements for termination of any federal- or state-subsidized tenancy or of any state or local law that provides more time or other additional protections for tenants.
(3) For the purposes of this section:
(a) A lease or tenancy shall be considered bona fide only if:
1. The mortgagor or the child, spouse, or parent of the mortgagor under the contract is not the tenant;
2. The lease or tenancy was the result of an arms-length transaction; and
3. The lease or tenancy requires the receipt of rent that is not substantially less than fair market rent for the property or the unit’s rent is reduced or subsidized due to a federal, state, or local subsidy.
(b) The term “federally-related mortgage loan” has the same meaning as in 12 U.S.C. § 2602.
(c) The date of a notice of foreclosure shall be deemed to be the date on which complete title to a property is transferred to a successor entity or person as a result of an order of a court or pursuant to provisions in a mortgage, deed of trust, or security deed.