Tallahassee, Florida — Governor Rick Scott signed HB 779 into Florida law on Tuesday, replacing the expired Protecting Tenants in Foreclosure Act of 2009 (“PTFA”).
Under the bill, when a foreclosed home is sold, the new owner must provide any existing tenants at least thirty days to vacate the residence. The statute, s. 83.561, titled “Termination of rental agreement upon foreclosure” replaces the expired “Protecting Tenants in Foreclosure Act” of 2009 (“PTFA”) and does not require the new owners to honor any existing lease agreement with the occupant.
Following a foreclosure, only a notice to terminate a rental agreement is needed. Doing so authorizes the tenant to remain in the property for 30 days following receipt of the written notice to terminate. If the tenant fails to vacate the property by the end of the 30 day period, the purchaser at sale may apply to the clerk of the court for a writ of possession. The statute also prescribes form language for the 30-day notice of termination.
The new law becomes effective in Florida on July 1, 2015 and ALAW is well prepared to advise on the new notice, process changes and any client concerns.
Contact Vicky Carver
|General Bill by Judiciary Committee and Civil Justice Subcommittee and Jones, M. (CO-SPONSORS) Campbell; Rogers|
|Rental Agreements: Provides that purchaser taking title to tenant-occupied residential property following foreclosure sale takes title to property subject to rights of tenant; specifies rights of tenant; authorizes tenant to remain in possession of property for 30-days following receipt of written notice; prescribing form for 30-day notice of termination; establishing requirements for delivery of notice; authorizes purchaser to apply for writ of possession if tenant refuses to vacate property; provides exceptions; provides for construction.|