Residential rental property; foreclosure shall act as a termination of rental agreement by landlord. (HB2281)

Introduced By

Del. Jay Leftwich (R-Chesapeake)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Residential rental property. Provides that if a residential dwelling unit is foreclosed upon and there is a tenant living in 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 allows the tenant to pay any rent that may be due prior to the date upon which the tenancy will terminate (i) to the successor landlord; (ii) to the managing agent of the landlord or successor landlord, if any; or (iii) into a court escrow account pursuant to the provisions of 55-225.12. 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. 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 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. Finally, the bill requires a current owner of rental property who has entered into a written property management agreement with a managing agent and who has subsequently entered into a purchase agreement with a new owner to give written notice to the managing agent requesting payment of security deposits to the current owner prior to settlement with the new owner. The bill requires the managing agent to transfer the security deposits to the current owner and provide written notice to each tenant that his security deposit has been transferred. Amends § 54.1-2108.1, § 55-225.12, § 55-507, of the Code of Virginia. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
01/11/2017Committee
01/11/2017Presented and ordered printed 17101623D
01/11/2017Referred to Committee for Courts of Justice
01/16/2017Assigned Courts sub: Civil Law
01/25/2017Subcommittee recommends reporting with substitute (9-Y 0-N)
01/27/2017Reported from Courts of Justice with substitute (21-Y 0-N) (see vote tally)
01/27/2017Committee substitute printed 17104751D-H1
01/31/2017Read first time
02/01/2017Read second time
02/01/2017Committee substitute agreed to 17104751D-H1
02/01/2017Engrossed by House - committee substitute HB2281H1
02/02/2017Read third time and passed House BLOCK VOTE (95-Y 0-N)
02/02/2017VOTE: BLOCK VOTE PASSAGE (95-Y 0-N) (see vote tally)
02/03/2017Constitutional reading dispensed
02/03/2017Referred to Committee on General Laws and Technology
02/13/2017Reported from General Laws and Technology with amendment (15-Y 0-N) (see vote tally)
02/15/2017Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/16/2017Read third time
02/16/2017Reading of amendment waived
02/16/2017Committee amendment agreed to
02/16/2017Motion to rerefer to committee agreed to
02/16/2017Rereferred to Courts of Justice
02/17/2017Reported from Courts of Justice (14-Y 0-N) (see vote tally)
02/20/2017Read third time
02/20/2017Engrossed by Senate as amended
02/20/2017Passed Senate with amendment (39-Y 0-N) (see vote tally)
02/20/2017Reconsideration of Senate passage agreed to by Senate (40-Y 0-N) (see vote tally)
02/20/2017Passed Senate with amendment (40-Y 0-N) (see vote tally)
02/21/2017Placed on Calendar
02/21/2017Senate amendment agreed to by House (95-Y 0-N)
02/21/2017VOTE: ADOPTION (95-Y 0-N) (see vote tally)
02/24/2017Enrolled
02/24/2017Bill text as passed House and Senate (HB2281ER)
02/24/2017Signed by Speaker
02/24/2017Signed by President
02/28/2017Enrolled Bill communicated to Governor on 2/28/17
02/28/2017G Governor's Action Deadline Midnight, March 27, 2017
03/13/2017G Approved by Governor-Chapter 394 (effective 7/1/17)
03/13/2017G Acts of Assembly Chapter text (CHAP0394)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 2 clips in all, totaling 1 minute.

Transcript

This is a transcript of the video clips in which this bill is discussed.

THE THIRD READING HOUSE BILL 2140 RELATED TO TEACHER TURNOVER EXIT QUESTIONNAIRE. REPORTED FROM THE COMMITTEE ON EDUCATION WITH A SUBSTITUTE

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN FROM FAIRFAX

[Unknown]: THANK YOU, I MOVE ADOPTION OF THE COMMITTEE SUBSTITUTE QUESTIONS ON ADOPTION OF THE COMMITTEE SUBSTITUTE. ALL THOSE IN FAVOR CYGNI AYE. OPPOSED NA. JETS THE SUBSTITUTE ADOPTED. THE GENTLEMAN HAS THE FLOOR THANK YOU, MR. SPEAKER. MR. SPEAKER AND LADIES AND GENTLEMEN OF THE HOUSE WE OFTEN HERE ANECDOTEALLY THE REASONS WHY GOOD TEACHERS ARE LEAVING THE TEACHING PROFESSION. LAST YEAR, AS THE RESULT OF LEGISLATION THE SUPERINTENDENT
EXPERIENCE. MOREOVER, THE PARENTS ARE THE ONES WHO GIVE THE AUTHORITY TO THE TEACHERS TO TEACH IN THE FIRST PLACE. THEY CAN PULL BACK THAT AUTHORITY IF THEY WANT TO. THE SCHOOLS HAVE NO AUTHORITY OTHER THAN THAT WHICH IS GIVEN TO THEM BY THE PARENTS WHO ARE O ARE THE PRINCIPLES AND THE SCHOOLS ARE THE AGENTS. IF THEY DON'T WANT THIS KIND OF MATERIAL FOR THEIR CHILDREN THEY SHOULD AT LEAST BE NOTIFIED THEIR CHILDREN ARE BEING EXPOSED TO THIS KIND OF MATERIAL. IT IS SIMPLE. COMMON SENSE, I ARCH THE GENTLEMAN FROM ARLINGTON TO READ

Comments

Marsha Maines writes:

Because it's Unconstitutional.
Any attempts to Usurp the Lawful Form of government is called TREASON.