Notice to Tenant of Assignment or Transfer of Lease
(Residential) (FL)

Summary

This template for notice to tenant of assignment or transfer of lease may be used by a residential landlord in Florida to notify a tenant that the landlord has sold the premises, assigned the lease, and transferred the security deposit to a new owner/buyer. This template includes practical guidance, drafting notes, and optional clauses. Residential real property landlords located in Florida must comply with the Florida Residential Landlord and Tenant Act (Fla. Stat. Ann. § 83.40 et seq.), which imposes certain rights and responsibilities on the parties. Upon conveying the property, the landlord must turn over to the transferee: the security deposit and any prepaid rent, any earned interest, and an accurate accounting disclosing the amount to be paid to each tenant. Fla. Stat. Ann. § 83.49(7). Upon transferring the money, records, and a written receipt for same, the landlord is subsequently free of the security deposit obligations under Fla. Stat. Ann. § 83.49(1). See also Fla. Stat. Ann. § 83.49(7). Florida imposes a statutory rebuttable presumption (limited to one month's rent) that any new owner or agent received the security deposit from the previous owner or agent. Fla. Stat. Ann. § 83.49(7). If a landlord owns five or more dwelling units and collects security deposit or advance rent, the landlord must either disclose in the lease or provide notice to the tenants within 30 days of the location where such funds are held; and thereafter, if the landlord changes the manner or location, the landlord must provide a statutory notice to the tenant within 30 days. Fla. Stat. Ann. § 83.49(2). The buyer will want to ensure that the tenants know where and to whom rental payments should be made after the sale date. Most buyers of residential property will include a provision in the purchase and sale agreement to this effect. Modify defined terms used in this template to conform to the terms used in the lease, and define any undefined terms used in this template accordingly. Consult with local counsel regarding any municipal codes in the jurisdiction of the property that may affect the responsibilities of the original landlord and the buyer regarding notification to the tenants of the sale of the premises. For a full listing of key content covering residential leasing agreements, see Residential Leasing Resource Kit. For more information on rights and duties of residential landlords and tenants in Florida, see Residential Lease Agreements (FL), Residential Eviction (FL), and Eviction Resource Kit (FL).