HB 2281 Virginia House of Delegates · 2017 Regular Session

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

Summary
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.
Bill status signed all 5 stages cleared
Introduction
Jan 2017
Committee Review
Feb 2017
House of Delegates Passage
Feb 2017
Senate Passage
Feb 2017
Signed into Law
Mar 2017
Introduced Jan 11, 2017 Signed Mar 13, 2017
Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
25
Key actions
6
Committee
8
Amendments
3
Mar 13, 2017
Signed into law
Approved by Governor-Chapter 394 (effective 7/1/17)
executive
Feb 21, 2017
Introduced
Senate amendment agreed to by House (95-Y 0-N)
legislature
Feb 20, 2017
Introduced
Engrossed by Senate as amended
legislature
Feb 16, 2017
Committee
Rereferred to Courts of Justice
legislature
Feb 16, 2017
Legislature · Passed
Motion to rerefer to committee agreed to
legislature
Feb 16, 2017
Legislature · Passed
Committee amendment agreed to
legislature
Feb 16, 2017
Introduced
Reading of amendment waived
legislature
Feb 3, 2017
Committee
Referred to Committee on General Laws and Technology
legislature
Feb 2, 2017
Legislature · Passed
Read third time and passed House BLOCK VOTE (95-Y 0-N)
legislature
Feb 1, 2017
Legislature · Passed
Engrossed by House - committee substitute HB2281H1
legislature
Feb 1, 2017
Legislature · Passed
Committee substitute agreed to 17104751D-H1
legislature
Jan 16, 2017
Committee
Assigned Courts sub: Civil Law
legislature
Jan 11, 2017
Committee
Referred to Committee for Courts of Justice
legislature
Jan 11, 2017
Introduced
Presented and ordered printed 17101623D
legislature
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Jay Leftwich
Jay Leftwich
RRepublican
VA
90