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2009 SESSION

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HB 2129 Landlord and tenant laws; notice to tenant in event of foreclosure.

Introduced by: Paul F. Nichols | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED HOUSE:

Landlord and tenant laws; notice to tenant in event of foreclosure.  Requires a landlord to give written notice to the tenant of a mortgage default, notice of mortgage acceleration, or notice of foreclosure sale relative to the loan on the dwelling unit, within five business days after written notice from the lender is received by the landlord.  The bill provides that it does not apply (i) to any managing agent who does not receive a copy of such written notice from the lender or (ii) if the tenant provides a copy of the written notice from the lender to the landlord or the managing agent.

SUMMARY AS INTRODUCED:

Landlord and tenant laws; notice to tenant in event of foreclosure.  Requires a landlord to give written notice to the tenant of a mortgage default, notice of mortgage acceleration, or notice of foreclosure sale relative to the loan on the dwelling unit, within five business days after written notice from the lender is received by the landlord.  The bill provides that it does not apply (i) to any managing agent who does not receive a copy of such written notice from the lender or (ii) if the tenant provides a copy of the written notice from the lender to the landlord or the managing agent.  Further, the bill provides that failure of the landlord to provide the required notice shall immediately terminate the rental agreement at the option of the tenant and, notwithstanding any law to the contrary, the tenant shall be entitled to return of the security deposit and any accrued interest, without any deductions, damages, or charges by the landlord within 10 days after termination of the tenancy and delivery of possession.