Florida Florida Statutes
§ 83.5615 — Protecting Tenants at Foreclosure Act
FS § 83.5615Ch. 83
Statute text
View on source(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
(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.