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2017 SESSION
HB 2281 Residential rental property; foreclosure shall act as a termination of rental agreement by landlord.
Introduced by: James A. "Jay" Leftwich | all patrons ... notes | add to my profiles
SUMMARY AS PASSED: (all summaries)
Residential rental property. Provides that if a residential dwelling unit is foreclosed upon and a tenant is lawfully occupying the dwelling unit at the time of the foreclosure, the foreclosure shall act as a termination of the rental agreement by the landlord. The bill also provides that, if there is in effect at the date of the foreclosure sale a written property management agreement between the landlord and a real estate licensee licensed pursuant to the provisions of § 54.1-2106.1, the foreclosure shall convert the property management agreement into a month-to-month agreement between the successor landlord and the real estate licensee acting as a managing agent, except in the event that the terms of the original property management agreement between the landlord and the real estate licensee acting as a managing agent require an earlier termination date. Except in the event of foreclosure, the bill permits a real estate licensee acting on behalf of a landlord client as a managing agent who elects to terminate the property management agreement to transfer any funds held in escrow by the licensee to the landlord client without his consent, provided that the real estate licensee provides written notice to each tenant that the funds have been so transferred. The bill provides that, in the event of foreclosure, a real estate licensee shall not transfer any funds to a landlord client whose property has been foreclosed upon. The bill provides immunity, in the absence of gross negligence or intentional misconduct, to any such licensee acting in compliance with the provisions of § 54.1-2108.1. The bill clarifies that a tenant residing in a dwelling unit that has been foreclosed upon is eligible to file an assertion pursuant to § 55-225.12 and that a court may order any moneys accumulated in escrow to be paid to the successor landlord or the successor landlord's managing agent, if any.
FULL TEXT
- 01/11/17 House: Presented and ordered printed 17101623D pdf
- 01/27/17 House: Committee substitute printed 17104751D-H1 pdf
- 02/24/17 House: Bill text as passed House and Senate (HB2281ER) pdf
- 03/13/17 Governor: Acts of Assembly Chapter text (CHAP0394) pdf
AMENDMENTS
HISTORY
- 01/11/17 House: Presented and ordered printed 17101623D
- 01/11/17 House: Referred to Committee for Courts of Justice
- 01/16/17 House: Assigned Courts sub: Civil Law
- 01/25/17 House: Subcommittee recommends reporting with substitute (9-Y 0-N)
- 01/27/17 House: Reported from Courts of Justice with substitute (21-Y 0-N)
- 01/27/17 House: Committee substitute printed 17104751D-H1
- 01/31/17 House: Read first time
- 02/01/17 House: Read second time
- 02/01/17 House: Committee substitute agreed to 17104751D-H1
- 02/01/17 House: Engrossed by House - committee substitute HB2281H1
- 02/02/17 House: Read third time and passed House BLOCK VOTE (95-Y 0-N)
- 02/02/17 House: VOTE: BLOCK VOTE PASSAGE (95-Y 0-N)
- 02/03/17 Senate: Constitutional reading dispensed
- 02/03/17 Senate: Referred to Committee on General Laws and Technology
- 02/13/17 Senate: Reported from General Laws and Technology with amendment (15-Y 0-N)
- 02/15/17 Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/16/17 Senate: Read third time
- 02/16/17 Senate: Reading of amendment waived
- 02/16/17 Senate: Committee amendment agreed to
- 02/16/17 Senate: Motion to rerefer to committee agreed to
- 02/16/17 Senate: Rereferred to Courts of Justice
- 02/17/17 Senate: Reported from Courts of Justice (14-Y 0-N)
- 02/20/17 Senate: Read third time
- 02/20/17 Senate: Engrossed by Senate as amended
- 02/20/17 Senate: Passed Senate with amendment (39-Y 0-N)
- 02/20/17 Senate: Reconsideration of Senate passage agreed to by Senate (40-Y 0-N)
- 02/20/17 Senate: Passed Senate with amendment (40-Y 0-N)
- 02/21/17 House: Placed on Calendar
- 02/21/17 House: Senate amendment agreed to by House (95-Y 0-N)
- 02/21/17 House: VOTE: ADOPTION (95-Y 0-N)
- 02/24/17 House: Enrolled
- 02/24/17 House: Bill text as passed House and Senate (HB2281ER)
- 02/24/17 House: Signed by Speaker
- 02/24/17 Senate: Signed by President
- 02/28/17 House: Enrolled Bill communicated to Governor on 2/28/17
- 02/28/17 Governor: Governor's Action Deadline Midnight, March 27, 2017
- 03/13/17 Governor: Approved by Governor-Chapter 394 (effective 7/1/17)
- 03/13/17 Governor: Acts of Assembly Chapter text (CHAP0394)