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Florida Statute 83.5615 - Full Text and Legal Analysis
Florida Statute 83.5615 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 83
LANDLORD AND TENANT
View Entire Chapter
183.5615 Protecting Tenants at Foreclosure Act.—
(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. 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. s. 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.
History.—s. 2, ch. 2020-99.
1Note.—Section 2, ch. 2020-99, created s. 83.5615 “[e]ffective upon the repeal of the federal Protecting Tenants at Foreclosure Act, Pub. L. No. 111-22.”

F.S. 83.5615 on Google Scholar

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Amendments to 83.5615


Annotations, Discussions, Cases:

Cases Citing Statute 83.5615

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In Re: Amendments to Florida Rules of Civil Procedure - Forms 1.996(a) & 1.996(b) (Fla. 2024).

Published | Supreme Court of Florida

...s (2023). Next, in paragraph “6. Right of Redemption/Right of Possession,” we add “the rights of a bona fide tenant occupying residential premises under the federal Protecting Tenants at Foreclosure Act [(PTFA)], 12 U.S.C § 5220, note, or section 83.5615, Florida Statutes, and” to provide an exception for a bona fide tenant occupying premises under the PTFA or section 83.5615, Florida Statutes (2023)....
...t rate set -2- by section 55.03. Additionally, in paragraph “6. Right of Redemption/Right of Possession,” we add language providing an exception for a bona fide tenant occupying premises under the PTFA or section 83.5615 for the same reason discussed for form 1.996(a)....
...15, Florida Statutes, shallmust be terminated, except as to the rights of a bona fide tenant occupying residential premises under the federal -6- Protecting Tenants at Foreclosure Act, 12 U.S.C § 5220, note, or section 83.5615, Florida Statutes, and claims or rights under chapter 718 or chapter 720, Florida Statutes, if any....
...UpoOn the filing of the certificate of title, the person named on the certificate of title shallmust be let into possession of the property, subject to the rights of a bona fide tenant occupying residential premises pursuant tounder the federal Protecting Tenants at Foreclosure Act, 12 U.S.C. § 5220, note, or section 83.5615, Florida Statutes. 7....
...For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc. v. Fostock, 721 So.2d 1236 (Fla. 4th DCA 1998). Committee Notes 1980 Amendment – 2019 Amendment. [No Change] 2024 Amendment. The Florida Protecting Tenants at Foreclosure Act, section 83.5615, Florida Statutes (2020), becomes -9- effective only on the repeal of the federal Protecting Tenants at Foreclosure Act, Pub....
...defendant’s right of redemption as prescribed by section 45.0315, Florida Statutes, shallmust be terminated, except as to the rights of a bona fide tenant occupying residential premises under the federal Protecting Tenants at Foreclosure Act, 12 U.S.C. § 5220, note, or section 83.5615, Florida Statutes, and claims or rights under - 12 - chapter 718 or chapter 720, Florida Statutes, if any....
...UpoOn the filing of the certificate of title, the person named on the certificate of title shallmust be let into possession of the property, subject to the rights of a bona fide tenant occupying residential premises pursuant tounder the federal Protecting Tenants at Foreclosure Act, 12 U.S. C. § 5220, note, or section 83.5615, Florida Statutes. 7....
...For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc. v. Fostock, 721 So. 2d 1236 (Fla. 4th DCA 1998). Committee Note 2014 Amendment – 2019 Amendment. [No Change] 2024 Amendment. The Florida Protecting Tenants at Foreclosure Act, section 83.5615, Florida Statutes (2020), becomes effective only on the repeal of the federal Protecting Tenants at Foreclosure Act, Pub....
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In Re: Amendments to Florida Rules of Civil Procedure - Forms 1.996(a) & 1.996(b) (Fla. 2024).

Published | Supreme Court of Florida

...s (2023). Next, in paragraph “6. Right of Redemption/Right of Possession,” we add “the rights of a bona fide tenant occupying residential premises under the federal Protecting Tenants at Foreclosure Act [(PTFA)], 12 U.S.C § 5220, note, or section 83.5615, Florida Statutes, and” to provide an exception for a bona fide tenant occupying premises under the PTFA or section 83.5615, Florida Statutes (2023)....
...t rate set -2- by section 55.03. Additionally, in paragraph “6. Right of Redemption/Right of Possession,” we add language providing an exception for a bona fide tenant occupying premises under the PTFA or section 83.5615 for the same reason discussed for form 1.996(a)....
...15, Florida Statutes, shallmust be terminated, except as to the rights of a bona fide tenant occupying residential premises under the federal -6- Protecting Tenants at Foreclosure Act, 12 U.S.C § 5220, note, or section 83.5615, Florida Statutes, and claims or rights under chapter 718 or chapter 720, Florida Statutes, if any....
...UpoOn the filing of the certificate of title, the person named on the certificate of title shallmust be let into possession of the property, subject to the rights of a bona fide tenant occupying residential premises pursuant tounder the federal Protecting Tenants at Foreclosure Act, 12 U.S.C. § 5220, note, or section 83.5615, Florida Statutes. 7....
...For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc. v. Fostock, 721 So.2d 1236 (Fla. 4th DCA 1998). Committee Notes 1980 Amendment – 2019 Amendment. [No Change] 2024 Amendment. The Florida Protecting Tenants at Foreclosure Act, section 83.5615, Florida Statutes (2020), becomes -9- effective only on the repeal of the federal Protecting Tenants at Foreclosure Act, Pub....
...defendant’s right of redemption as prescribed by section 45.0315, Florida Statutes, shallmust be terminated, except as to the rights of a bona fide tenant occupying residential premises under the federal Protecting Tenants at Foreclosure Act, 12 U.S.C. § 5220, note, or section 83.5615, Florida Statutes, and claims or rights under - 12 - chapter 718 or chapter 720, Florida Statutes, if any....
...UpoOn the filing of the certificate of title, the person named on the certificate of title shallmust be let into possession of the property, subject to the rights of a bona fide tenant occupying residential premises pursuant tounder the federal Protecting Tenants at Foreclosure Act, 12 U.S. C. § 5220, note, or section 83.5615, Florida Statutes. 7....
...For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc. v. Fostock, 721 So. 2d 1236 (Fla. 4th DCA 1998). Committee Note 2014 Amendment – 2019 Amendment. [No Change] 2024 Amendment. The Florida Protecting Tenants at Foreclosure Act, section 83.5615, Florida Statutes (2020), becomes effective only on the repeal of the federal Protecting Tenants at Foreclosure Act, Pub....